Surya Prakash Kesarwani, J. - (1.) Heard Sri R. K. Ojha, learned Senior Advocate assisted by Sri Arvind Kumar Upadhyay, learned counsel for the petitioner, Sri S. K. Singh, learned Senior Advocate assisted by Sri Om Prakash Tripathi, learned counsel for respondent No.5 and learned Standing Counsel for State-respondent Nos.1, 2 and 3.
(2.) The petitioner was engaged for some time as Assistant Teacher (Subject Expert) for a fixed term on honorarium basis. Subsequently, he was regularly appointed in view of the provisions of Section 21-E of the U.P. Secondary Education (Services Selection Board) Act, 1982 (hereinafter referred to as 'the Act, 1982'). There arose dispute between the petitioner and the respondent No.5 with respect to seniority. It is undisputed that the respondent No.5 was regularly appointed on a date prior to the date of regularly appointment of the petitioner. The case of the petitioner is that his services rendered as Assistant Teacher (Subject Expert) for fixed term on honorarium basis, is liable to be included for the purpose of computing the seniority in view of the provisions of Section 21-G of the Act, 1982.
(3.) Learned counsel for the petitioner submits that earlier an order dated 22.11.2014 was passed by the Joint Director of Education, Azamgarh Divison, Azamgarh whereby the petitioner was held to be senior and promotion was accordingly given to him on the post of Lecturer.;