- (1.) HEARD Sri Sudhanshu Pandey, learned Counsel for the petitioner and learned Standing Counsel for the other side. The respondents have also put in appearance and have filed counter affidavit sworn by respondent No. 4 himself. The controversy in this petition is with regard to the promotion and inter se seniority of the petitioner and the respondent No. 4.
(2.) BY an order dated 2. 8. 1988 the District Inspector of Schools granted approval to the promotion of the respondent No. 4 from class 4th to class 3rd. Both the committee of management and the respondent No. 4 have filed affidavits and in paragraphs 7 and 8 of the counter affidavit filed by Sri Kedar Prasad yadav he has categorically stated that the petitioner was senior to him in position and he alone was entitled to the promotional post in class 3rd. The committee of management has also supported the case of the petitioner.
(3.) IN view of the admitted position that petitioner was senior, the order dated 2. 8. 1988 is set aside. The District Inspector of Schools will pass fresh orders in accordance with law giving to the petitioner the benefit of promotion from the date that he was entitled to it. The natural consequences of the order will follow.;