Arun Tandon - (1.) -The controversy raised in the present petition pertains to determination of the date from which the petitioner Devendra Kumar Srivastava, is entitled to be appointed as lecturer on substantive basis as well as in respect of his right qua of officiating appointment as Principal against a vacancy which has been caused on 1.7.2006 in the institution. The claim of the petitioner is being resisted by respondent No. 5 on the ground of seniority.
(2.) THE contesting respondents have filed their counter-affidavit and parties agree that the writ petition be disposed of at this stage itself without any further affidavits is being called for. Petitioner was initially appointed as L.T. grade teacher in Janta Inter College, Chargawan district, Gorakhpur (which is aided and recognized intermediate college) on 1.9.1974. He was granted promotion as L.T. Grade teacher on 1.1.1981. There are eight sanctioned posts of lecturer in the institution. Two vacancies on the post of lecturer (Economics) and lecturer (Geography) were caused due to retirement of Kamla Sahi and J.P. Yadav on 30.6.1995. The management resolved to fill in the vacancies on the post of lecturer (Economics) within 50% reserved for promotion while the post of lecturer (Geography) was requisitioned for direct recruitment. The committee of management accordingly resolved on 15.9.1996 to promote petitioner, who was senior most L.T. grade teacher qualified to teach Economics to intermediate classes. The said promotion was recommended against 50% quota for promotion. At the relevant time provisions of U. P. Secondary Education Service Selection Board Rules, 1995, were in force. Regular promotion therefore required necessary approval of U. P. Secondary Service Selection Board. The District Inspector of Schools by means of his letter dated 14.5.1998 forwarded the papers to the Selection Board for considering regular promotion of the petitioner and in the meantime in exercise of powers under Section 16 of 1995 Rules proceeded to accord approval to the ad-hoc promotion of the petitioner as lecturer (Economics). Petitioner was accordingly appointed as ad hoc lecturer from the date vacancy was caused. It is admitted on record that the petitioner has, infact, been paid salary admissible to the post of lecturer and has been continuously working as such without any break.
(3.) RESPONDENT No. 5 Govind Mishra was appointed as C.T. grade Physical Training teacher on 8.6.1969 in the institution. He was permitted salary in L.T. grade after completing ten years of service in terms of Government order dated 28.2.1990. On completing further period of 10 years in L.T. grade he was granted salary in lecturer grade. The aforesaid fact are not in dispute. In terms of the Government order dated 25.10.2000 it is alleged that designation of lecturer was also conferred upon Sri Govind Mishra. In view of the same Govind Mishra treated senior to the petitioner and on 30.6.2005 with the retirement of acting Principal of the institution Govind Mishra was handed over charge of the officiating Principal. His signatures were attested on 6.7.2006. Feeling aggrieved by the aforesaid order petitioner filed Writ Petition No. 44673 of 2006. This Court by means of order dated 5.9.2006 required Regional Joint Director of Education, Gorakhpur to consider the claim of the petitioner for regular promotion in accordance with the rules applicable. In case regular promotion is granted to the petitioner, his claim for being appointed as officiating Principal should be considered by the District Inspector of Schools under Section 18 of U. P. Secondary Service Selection Board Act.;