- (1.) This reference before the Full Bench has been occasioned by a referring order of a Division Bench of this Court dated 11 February 2011.
(2.) The issue which falls for consideration arises out of the provisions of the U.P. Intermediate Education Act, 19211 and the regulations framed in Chapter III governing conditions of service. Since pure questions of law have been framed for the decision of the Full Bench, it would not be necessary for the Court to dwell on the facts of the individual cases. However, to indicate the broad contours of the controversy, a brief reference to the issues as raised in one of the petitions would be in order.
(3.) In Writ Petition No.49945 of 2004, the petitioner was appointed as a Daftari on 6 October 1990 in a recognized and aided Intermediate College. On 31 August 2004, a post of Assistant Clerk fell vacant. The Authorized Controller, who was then in the management of the College, promoted the petitioner treating him to be senior in service to the fifth respondent. The petitioner was treated as senior to the fifth respondent on the basis that he had been appointed as a Daftari in a higher grade and pay scale though it is not in dispute that the fifth respondent had been appointed as a Class IV employee earlier in 1982. On 20 October 2004, the District Inspector of Schools granted financial approval to the appointment of the petitioner in pursuance of which, the petitioner joined as Assistant Clerk on 25 October 2004, a post in which he is continuing. On 12 November 2004, the District Inspector of Schools recalled his earlier order which formed the subject matter of a challenge under Article 226 of the Constitution.;