Ajit Kumar, J. - (1.) Heard learned counsel for the parties.
(2.) The controversy involved in the present case pertains to the seniority between the petitioner and the 6th respondent. The case of the petitioner is that he was appointed on compassionate ground on 17.4.1996 as an Assistant Clerk in the Institution and ever since then he continued in the institution as such, whereas, the 6th respondent was appointed on 27.11.1992 though on compassionate ground but on a supernumerary post of clerk as per the then existing regulations which provided for Class III appointment on a supernumerary post as well. Admittedly, the 6th respondent was granted appointment on a supernumerary post in the Institution namely Janta Inter College, Nauhjheel, Mathura in pursuance to which he reported for joining on 1.1.1993. Its appears that later on he was again adjusted/absorbed against regular vacancy in the petitioner's Institution namely Rastriya Inter College, Raya on 30th September 2000. So there is no issue with regard to the absorption of the petitioner against the substantive vacancy on 30th September 2000 in the Institution. The seniority, therefore, came to be determined by the District Inspector of Schools vide order dated 02.02.2008 after conducting detailed enuiry and hearing the rival parties and the petitioner was held senior to the 6th respondent on the ground that his substantive appointment in the cadre was earlier in point of time. Since, the order dated 02.02.2008 was coming in the way of approval, the District Inspector of Schools first passed the impugned order dated 20.3.2008, cancelling his earlier order and then granted his approval to the promotion of 6th respondent as Head-Clerk vide order dated 30.4.2008.
(3.) The matter of absorption of the 6th respondent in the Institution, it is submitted by the learned counsel for the petitioner has been subject matter of litigation before this Court, however as on date he is continuing in the Institution under the interim order passed by this Court in the writ petition filed by him bearing no. 21622 of 2001.;