- (1.) The petitioner in the writ petition is assailing the order dated 04.02.2002 passed by the Joint Director of Education dismissing the petitioner's appeal regarding seniority and holding that Sri Prem Sunder Singh, respondent no.3 as the senior most Lecturer in the College.
(2.) Briefly stated the facts of the case are that there is a College known as Pt. Jawahar Lal Krishak Inter College, Mahuwabar Lar Road, District Deoria, which is recognised under the U.P. Intermediate Education Act, 1921 and the salaries of teachers and others employees are also paid under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971.
(3.) The case of the petitioner is that he was appointed as Lecturer in Sociology on 01.10.1972 on temporary basis and was confirmed on 01.01.1973 by an order passed by the District Inspector of Schools, Deoria. It is stated that the post of Sociology was sanctioned with the approval granted by the District Inspector of Schools, Deoria by his order dated 30.07.1972 and the petitioner was appointed as Lecturer Sociology by an order dated 22.12.1972. However, the District Inspector of Schools, Deoria stopped payment of salary of the petitioner w.e.f. 23.02.1976. Being aggrieved, the petitioner filed Writ Petition No.1265 of 1976, which was dismissed by the High Court on grounds of alternative remedy. The petitioner then filed an appeal before the Deputy Director of Education, which was dismissed on 24.11.1978 on the ground that Sociology was not a recognized subject in the College. According to the petitioner the post of Sociology was sanctioned by the Board of High School and Intermediate Education but the petitioner's salary was stopped by the Committee of Management in collusion with the District Inspector of Schools, Deoria. Aggrieved, the petitioner filed Suit No.397 of 1983 under sections 199/204/471 IPC against the College Management. The Magistrate summoned the records relating to Sociology subject. It is stated that the Board of High School and Intermediate Education filed a letter dated 08.02.1972 whereby recognition for the post of Sociology in the College was granted. What happened to the Suit No.397 of 1983 has not been stated anywhere in the writ petition.;