- (1.) BY the Court. By means of this writ petition under Article 226 of the Constitution of India, the petitioners are seeking to challenge the correctness, legality and validity of the action and omission, on the part of the respondents in excluding the petitioners from the combined seniority list of Lecturers serving in the Government Inter Colleges in the State of U.P.
(2.) DURING the pendency of the writ petition, an interim order was passed by Hon'ble B. M. Lai, J. (as His Lordship then was) on 24 81991, which runs as follows: "Heard learned Counsel for the parties on stay Vide order dated 751991 this court directed to the respondents, the State, that they shall take decision within a month and communicate the same to the petitioners. However, still the Standing Counsel is not in a position to make any statement as to whether the Government has taken decision in this regard or not. Under these circumstances, this court is constrained to pass an ad interim stay order in favour of the petitioners as sought for. The interim relief is granted in the following terms: The respondent are directed to include the petitioners' name in the combined seniority list of Lecturers serving in the Government Inter Colleges in the State of U.P. and to treat them at par with Lecturers in any other subjects. Further it is directed that the petitioners will also be given selection grade in terms of relevant G.O.S. issued by the Government from time to time. Dated2481991. Sd. B. M. Lal J." In pursuance of the aforesaid order, a combined seniority list has been prepared in which the names of the petitioners have been reflected and the facility of selection grade has also been allowed to them. The petitioners have challenged their placement in the combined seniority list on the primary ground that they have not been given their due seniority from the date they were appointed and that some of the Lecturers, particularly, respondent Nos. 4 to 9 who joined service later on, rank senior to the petitioners. The petitioner has been drastically amended and now a prayer has been made that the impugned order dated 961992, Annexure 2 to the writ petition be quashed and that the respondents be commanded to determine the inter se seniority right from the date of the appointment of the petitioners and to grant consequential benefits. Counter and rejoinder affidavits have been exchanged. After having heard learned Counsel for the parties, this writ petition is being finally disposed of with their consent.
(3.) FOR appreciating the controversy, which has to be resolved in the present case, it is necessary to refer to the brief summary of the facts. Initially the subject of Engineering at Intermediate level was introduced on an experimental basis, temporarily under Scheme No. 24 of the Second Five Year Plan and there under certain Government Inter Colleges were chosen as multi purpose schools. These schools known as Government Inter Colleges are located at Meerut, Jhansi, Moradabad, Pilibhit, Allahabad, Kanpur, Gyanpur, Deoria, Faizabad and Lucknow. To implement the said scheme, 40 temporary posts of Lecturers were created in the year 1957. As against 40 posts, 30 persons were appointed as Lecturers (Engineering) and on the remaining 10 posts, Lecturers (PHYSICS) were appointed. T he subject of Engineering as introduced under aforesaid scheme, comprised of two courses, namely, (i) Elements of Electrical Engineering and (ii) Elements of Mechanical Engineering. These subjects were duly recognised by the Board of High School and Intermediate Education with Physics, Chemistry and Mathematics, constituted the technical group in the syllabus of the Board of High School and Intermediate Education. The minimum qualification for Lecturer (Engineering) was B. Tech/B. Sc. Technical (Education) or Diploma in Mechanical/Electrical Engineering and one year workshop experience. The petitioners who are six in number, were appointed as Lecturer (Engineering) in different Intermediate Colleges of the State of U.P. They were appointed in the pay scale of Rs. 6501280 like Lecturers in other subjects. The petitioners claim that they are members of Special Subordinate Education Service (for short'SSES').;