S.U. Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE dispute in these writ petitions is as to whether Smt. Veena Mishra is senior or Smt. Savitri Singh. Both are respondents in each other's writ peti tion. Both were appointed as teachers in Adarsh Girls Higher Secondary School, Sheekal, Mirzapur which is a recognised and aided institution. Smt. Veena Mishra was appointed on 9.10.1980. At that time the school was only High School imparting education uptil Class X. In the year 1984 the school was upgraded to intermediate level. On 13.2.1984 three posts of L.T. grade were also created. According to the case of Smt. Veena Mishra, Committee of Management resolved to promote her to the post of L.T. grade teacher and papers for approval were sent to Regional Inspectress of Girls School (R.I.G.S.) on 30.1.1985. It is further alleged that R.I.G.S. approved the adhoc promotion through order dated 25.3.1985. However, the approval was only until regularly selected candidate from U.P. Secondary Education Service Selection Commission joined. It is further alleged that services of Smt. Veena Mishra were regularised by order of R.I.G.S. dated 18.8.1993 in view of U.P. Secondary Education Service Commission and Selection Board Amendment Act No. 26 of 1991 (through which three sub-sections were added to section 33-A) and it was further directed that she would be treated to have been substantively ap pointed on 6.4.1991, the date on which the said section was amended and she would be on probation for one year. Section 33-A (1-C) and (2) are quoted below: (1-C) Every teacher appointed by promotion or by direct recruitment be fore July 31, 1988 on ad hoc basis against a substantive vacancy in accor dance with section 18, who possess the qualifications prescribed under, or is exempted from such qualifications in accordance with the provision of the Intermediate Education Act, 1921 shall, with effect form the date of com mencement of the Uttar Pradesh Secondary Education Services Commission and Selection Board (Amendment) Act, 1991 be deemed to have been ap pointed in a substantive capacity provided such teacher has been continu ously serving the institution from the date of such ad hoc appointment to t the date of such commencement. [(2) Every teacher deemed to have been appointed in a substantive ca pacity under sub-section (1) or (1- A) or (1-B) or (1-C), shall be deemed to be on probation from the date of commencement referred to in sub-section (1) or (1-A) or (1-B) or (1-C) as the case may be.] As far as Smt. Savitri Singh is concerned she was first appointed in August, 1974 and she was promoted to the post of L.T. grade teacher on 7.10.1984. R.I.G.S. on 18.8.1993 regularised the services of Smt. Veena Mishra (supra). However, in respect of Savitri Singh R.I.G.S. raised certain objections by order/letter of the same date. The matter was agitated before Regional Deputy Director of Education who on 24.1.1994 passed an order appointing Smt. Savitri Singh in exactly the same manner as Smt. Veena Mishra was appointed i.e., substantive appointment on probation for one year w.e.f. 6.4.1991. Thereafter services of both the teachers were confirmed.
(3.) THE question of seniority is to be determined in accordance with Regulation 3 (1) (b) and (bb) of Chapter II of the Regulations framed under U.P. Intermediate Education Act, 1921 which are quoted below: "3 (1) (b): Seniority of teachers in grade shall be determined on the ba sis of their substantive appointment in that grade. If two or more teachers were so appointed on the same date, seniority shall be determined on the basis of age; (bb): Where two or more teachers working in grade are promoted to the next higher grade on the same date, their seniority inter se shall be deter mined on the basis of the length of their service to be reckoned from the date of their substantive appointment in the grade from which they are promoted: Provided that if such length is equal, seniority shall be determined on the basis of age." If the position is governed by (b) then seniority will have to be deter mined on the basis of age.;