Sudhir Agarwal, J. - (1.) Heard Sri I.R. Singh in Civil Misc. Writ Petitions No. 5776 of 1997, 40491 of 1999, 17401 of 1996 and 23961 of 1996 and Sri A.R. Dwvivedi in writ petitions No. 3248 of 1997 and 11997 of 1997 for the petitioners and learned Standing Counsel, S/Sri Pankaj Misra and R.K. Pandey for the respondents.
(2.) In all these matters, two teachers of Nagar Palika Inter College, Jaunpur (hereinafter referred to as the 'college') have approached this Court feeling aggrieved by the promotion of contesting respondent Shiva Nand Mishra, who is another teacher in the same College on the post of Lecturer (Hindi). The only question up for consideration is whether Shiva Nand Mishra was qualified for such appointment or not as on 1.7.1995.
(3.) The only relevant facts necessary for adjudication of the above issued are is that the post of Lecturer (Hindi) fell vacant after retirement of the then Lecturer (Hindi) Sri Suraj Bali Shukla on 30.6.1995. Admittedly, Shivanand Mishra is senior to both the petitioners. The petitioner Om Prakash Yadav was appointed initially as C.T. Grade teacher and thereafter when the C.T. Grade was declared dying cadre, he was given pay scale of L.T. Grade but till 1.7.1995 he was never appointed or promoted as Assistant Teacher, L.T. Grade. Sri Shiva Nand Mishra was appointed as Assistant teacher, L.T. Grade to impart education in Science on 1.9.1970 and passed M.A. in Hindi in 1993. He worked as Assistant Teacher, (L.T. Grade) for almost more than twenty years. He is admittedly senior to Sri Mool Chand Pandey, an Assistant Teacher (L.T. Grade).;