Rajes Kumar, J. - (1.) IN writ petition no.13771 of 2007, the petitioner is seeking a direction to the Regional Selection Committee and Chairman Joint Director of Education, VIIth Region, Gorakhpur to consider the claim of the petitioner for promotion on the post of lecturer in Sociology and challenging the promotion of respondent no.6, namely, Sri Radhey Shyam Prasad.
(2.) IN writ petition No.27873 of 2007, the petitioner prays for quashing of the order dated 01.06.2007 passed by Joint Director of Education, VIIth Region, Gorakhpur by which claim of respondent no.6 for his appointment as Officiating Principal of the college has been accepted and the claim of the petitioner has been rejected and further for quashing of the promotional order dated 15.6.2004 promoting the respondent no.6 on the post of lecturer. Since the common cause is involved in both the writ petitions, same are being disposed of by a common order. Brief facts of the case giving rise to the present writ petitions are as follows. (i) There is a college named as Maninath Inter College, Nonapar District Deoria, which is recognised/Government aided intermediate College imparting education to boys and girls from Class VI to Class XII. It is governed by the provisions contained under U.P. Intermediate Education Act, 1921as well as U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "Act, 1982") and the Rules framed thereunder and also under U.P. High Schools and Intermediate College (Payment of salaries of Teachers and other Employees) Act, 1971. (ii) Sri Lalit Kumar Mishra was initially granted regular appointment in L.T. grade on 25.07.1983 and after expiry of the period of probation, he was confirmed in L.T. Grade w.e.f. 25.07.1968. He passed M.A. in Sociology in the year, 1975 from Gorakhpur University. He was granted selection grade of L.T. w.e.f. 25.07.1983 and promotion grade of L.T. w.e.f. 1.1.1996 under the relevant Government orders. A post of Sociology lecturer in the college fell vacant on account of retirement of its permanent incumbent Sri Jagdish Tiwari on 30.06.2003. He claimed promotion on the post of lecturer being senior -most qualified teacher. Instead of considering his claim for promotion Sri Radhey Shyam Prasad who was appoined in L.T. Grade on adhoc basis on 02.04.1993 was given promotion on 15.06.2004. it is claimed that the services of Radhey Shyam Prasad was never regularised. Challenging the promotion of Radhey Shyam Prasad on the post of lecturer and denial of his claim on the said post, he filed writ petition no.13771 of 2007. During the course of argument, it is informed that Sri Lalit Kumar Mishra retired on 30.06.2007 during the pendency of the writ petition. It may be mentioned here that on 14.03.2007, when the writ petition was entertained, this Court has observed that continuance of respondent no.6 i.e. Radhey Shyam Prasad shall abide by final order to be passed by this Court. (iii) In the aforesaid college, Shriram Mani Tripathi the petitioner in writ petition no.27873 of 2007 was initially appointed in L.T. Grade on 09.07.1973 and was placed on probation for a period of one year and after expiry of probation he was confirmed in L.T. Grade w.e.f. 09.07.1974. He was trained graduate (B.Sc., B.Ed.) at the time of his appointment and subsequently passed M.A in Political Science in the year, 1978 from Gorakhpur University. He was granted selection grade of L.T. Grade teacher w.e.f. 01.01.1986 and subsequently was granted promotional pay scale of L.T. Grade w.e.f. 01.01.1998 under the relevant Government orders. It is claimed that on the retirement of Harihar Pandey lecturer in Civics on 30.06.1996 post was fell vacant, the petitioner being the senior most claimed the promotion as a lecturer in Civics. It is claimed that the petitioner has been considered and resolution in this regard was drawn by the Committee of Management in its meeting held on 14.07.1996. The petitioner started teaching Civics subject in Class XI and XII. Though, there was no objection on the claim of the petitioner and the resolution passed by the Committee of Management, approval of the promotion was kept pending for long period at the level of District Inspector of Schools and Joint Director of Education. On the appointment of Prabandh Sanchalak, the petitioner again raised his grievance for promotion on the post of Civics lecturer and the Prabandh Sanchalak ultimately submitted a resolution dated 23.04.2001 for the promotion on the post of Civics lecturer holding that the petitioner being senior most qualified entitled for promotion. Principal was directed to forward the necessary papers to the District Inspector of Schools. District Inspector of Schools forwarded the letter to the Joint Director of Education vide letter dated 01.12.2001, The Joint Director of Education however, took more than three years in accepting the resolution for promotion in favour of the petitioner and has accepted vide order dated 28.12.2004. Meaning thereby that the promotion of the petitioner has been accepted by the respondent no.2 on 28.12.2004 on the resolution dated 23.04.2001. The approval of the promotion was granted from the date of issue of order. Prabandh Sanchalak wrote a letter dated 26.06.2006 to the Joint Director of Education with a request to grant approval from the date of resolution. No action whatsoever has been taken on the said letter till date. (iv) The post of principal of the college fell vacant due to retirement of adhoc principal Sri Yadunandan Yadav on 30.06.2006. Shriram Mani Tripathi being the senior most qualified lecturer claimed for the charge of officiating principal. He was given charge of the office of officiating principal and his signature was also attested by the out going principal on 30.06.2006 and also by the District Inspector of Schools on 14.08.2006. After getting the charge of officiating principal he started regularly functioning and discharging all the functions attached to the office of the principal. It appears that respondent no.6 Radhey Shyam Prasad submitted representation in the office of Joint Director of Education, Gorakhpur on 13.11.2006 claiming cancellation of the appointment of the petitioner as officiating principal and his appointment as officiating principal. Petitioner filed written objection. Joint Director of Education passed the impugned order dated 01.06.2007. Representation of respondent no.6 was allowed and he was directed to hold the charge of officiating principal on the ground that the respondent no.6 was senior to the petitioner as he was promoted to the post of Sociology lecturer on 15.06.2004, while the petitioner was promoted to the post of Civics lecturer on 28.12.2004. (v) In paragraphs 11 and 12 of the writ petition, it is stated that respondent no.6 who was granted adhoc appointment in L.T. Grade on 21.04.1993, the said appointment was purely adhoc. It was made pursuant to the letter of the District Inspector of Schools dated 21.04.1993 on the basis of the recommendation of the District Selection Committee constituted under the Government order dated 14.07.1992 for adhoc appointment. The service of respondent no.6 in L.T. Grade was made purely on adhoc basis and the same was not regularized. In the college records, however, there is nothing to show that the services of respondent no.6 in L.T. Grade was ever regularized or any proposal in this regard was ever sent either by erstwhile committee of management or by Prabandh Sanchalak.
(3.) IN the counter affidavit filed by Sri Radhey Shyam Prasad, respondent no.6, the aforesaid paragraphs have been replied by paragraphs 15 and 16. IN paragraph 16, it is stated that his services was regularized by order dated 17.04.2004. Heard Sri T.N. Tiwari, learned counsel for the petitioners, Sri Narsingh Dixit appears on behalf of respondent no.6 and learned Standing Counsel appears on behalf of other respondents.;