- (1.) ASHOK Bhushan, J. Heard Counsel for the petitioner. Sri P. N. Saxena, senior advocate appearing for the respondents and the learned standing Counsel.
(2.) BY this writ petition, the petitioner has prayed for quashing the order dated 7-8-2004 passed by Joint Director of Education (Annexure-1 to the writ petition ). The dispute in the writ petition relates to the seniority of the petitioner and respondent No. 6 the Joint Director of Education by the impugned order dated 7-8-2004 has declared the respondent No. G senior to the petitioner while exercising jurisdiction under Chapter II. Regulation 3 of the U. P. Intermediate Education Act, 1921. Brief facts necessary for deciding the writ petition are : the petitioner was appointed in the year 1969 in a recognised institution, namely, Sahay Singh Balika Vidyalaya, Narhi, district Lucknow. By an order dated 28-9-1983 the Regional Inspectress of Girls Schools. 4th Region, Allahabad transferred the petitioner from Sahay Singh Balika Vidyalaya, Narhi, district Lucknow to Arya Kanya Inter College, Govindpur, Kanpur. The said transfer order specifically mentioned Regulations 55 to 62 of Chapter III of the U. P. Intermediate Education Act, 1921. The petitioner in pursuance of the said transfer order joined at Arya Kanya Inter College. Govindpur, Kanpur and is continuing in the said institution. Respondent No. 6 was appointed in Arya Kanya Inter College, Govindpur. Kanpur with effect from 7-11-1975. The Committee of Management has shown the petitioner senior to respondent No. 6 in its seniority list. Respondent No. 6 has challenged the said seniority list and submitted an appeal before the Joint Director of Education which has been decided by the impugned order. The Joint Director of Education in the impugned order has taken the view that there were no service rule with regard to teachers of the primary section. He further held that inter se seniority of the petitioner and respondent No. 6 shall be determined from the date of their appointment after the institution was taken in grant in aid. The Joint Director of Education held that seniority of the petitioner shall be treated only from 1-11-1983 when she joined after transfer in Arya Kanya Inter College.
(3.) LEARNED Counsel for the petitioner, challenging the order, contended that the order of Joint Director of Education holding respondent No. 6 senior is incorrect. He submits that petitioner's transfer being under Chapter III, Regulations 55 to 62, her services prior to transfer have to be added for the purposes of seniority by virtue of Regulation 59 of Chapter III. He submits that Joint Director of Education committed error in reckoning the seniority of the petitioner only from 1-11-1983. Sri P. N. Saxena, learned senior advocate, appearing for the contesting respondent, has submitted that both petitioner and respondent No. 6 being teachers of the primary section running attach to the Intermediate College their services are not governed by the provisions of Regulations 55 to 62 of Chapter III of U. P. Intermediate Education Act, 1921 and the petitioner is not entitled to reckon her services prior to transfer.;