- (1.) R. B. Mehrotra, J. The perennial problem of seniority amongst teachers of Intermediate College is involved for consideration in the present writ petition. The contestants in the writ petition are Sri Jaldeo Singh, Lecturer in Agriculture in J. P. Sharma Intermediate College, Baberu, district, Banda (hereinafter referred to as the Institution) who is the peti tioner and is claiming seniority over Sri Ram Kripal Sahu, Lecturer in Chemistry in the Institution who has been arrayed as respondent No. 2 in the writ petition. The writ petition is directed against an order of the Deputy Director of Education, Jhansi, dated 1st of June, 1994, determining the inter se seniority amongst teachers of the Institution wherein Ram Kripal Sahu has been shown at Serial No. 2 and his date of appointment in the clear vacancy has been shown to be 8-7-1968 whereas the date of appointment of the petitioner, Jaldeo Singh in the clear vacancy has been shown to be 8-7-1969.
(2.) THE contention on behalf of the petitioner is that he was appointed in a clear vacancy on probation as far back as on 7-7-1965 and on the aforesaid basis the petitioner claims seniority over respondent No. 2. The writ petition came up for admission before me on 18-11-1994 and after hearing the learned counsel for the petitioner, I was of the opinion that the version of the respondent may also be heard before admitting the writ petition. Consequent thereto three weeks time was granted to the counsel for the respondent No. 2 who was present as caveator. It was also indicated that the writ petition itself can be decided at the admission stage. The counter and rejoinder-affidavits have been exchanged. At the time of hearing for admission of the case, the counsel for the parties agreed that the case itself may be finally decided at the admission stage itself. Accordingly, the writ petition was finally heard with the consent of the parties as per rules of the Court. I have heard Sri R. C. Srivastava learned Senior Advocate, duly assisted by Sri M. M. L. Srivastava for the petitioner and Sri Wajahat Hussain, learned counsel for the respondents.
(3.) FACTS necessary for the decision are as under: A letter dated 7-7-1965 has been filed as Annexure-1 to the writ petition wherein the Principal of the Institution has sent information to the petitioner, Sri Jaldeo Singh that with reference to his application, the petitioner has been appointed on one year's probation, subject to the approval of the District Inspector of Schools. It was also mentioned that the petitioner will be given one advance increment. The service book of the petitioner has been filed which shows that the date of the appointment of the petitioner is 7-7-1965. The copy of the letter of the District Inspector of Schools dated 15-9-1965 has been filed as Annexure-2 wherein the District Inspector of Schools has made query from the Manager of the Institution that in the list of vacancies on From 'a' only 8 posts have been shown but approval for appointment of 13 teachers has been sought. The letter further made query that remaining five posts should be shown giving name of the incumbents held by the person last year. Second query was made that approval for temporary appointment of Sarvshri Jaldeo Singh and Gyan Singh has been sought while they are fully qualified for the post, at such, they can be appoint ed on probation,. Another letter of the District Inspector of Schools dated 12-10-1965 has been filed as Annexure-3 to the writ petition wherein the District Inspector of Schools has approved the appointment of two teachers on probation and the, appointment of seven teachers was approved temporarily. In the list of these seven teachers the name of the petitioner also finds place at Serial No. 1. Another letter of the District Inspector of Schools dated 26-3-1969 has been filed as Annexure-4 to the writ petition wherein the subject of the letter is 'approval for the appointment of the teachers appointed in the year 66-67, wherein the District Inspector of Schools has informed the Manager of the Institution with reference to his letter dated 20-3-1969 that it is clear from the letter of the Manager dated 10-1-1967 that while selecting the teachers the provisions of Section 16-'f' of U. P. Intermediate Education Act and the Regulations framed thereunder have not been complied with and the teachers have been appointed on their availability and all the concerned papers have also not been submitted in this connection. According to the rules only after completing the formalities under Section 16-F of the U, P. Intermediate Education Act the teachers should have been appointed. However, in the special circumstances, the temporary appointment of the following teachers is approved. In this letter the name of the petitioner finds place at Serial No. 1 and in the column manner of appointment it is mentioned that the appointment has been made temporarily for the Session 66-67 only. Thereafter a copy of the resolution of the Committee of Management dated 22-10-1967 has been filed as Annexure-5 to the writ petition wherein the Committee of Management has passed resolution that the services of the teachers are being made permanent from the date of their appointment and in the list of teachers, the name of the petitioner No. 1 finds place at Serial No. 1 and in the column date of appointment from which the teachers have been made permanent; against the name of the petitioner 7-7-1967 is mentioned.;