Ashwani Kumar Mishra - (1.) There exists an educational institution known as Nagar Palika Balika Inter College, Chandrapuri, Ghaziabad (hereinafter referred as the 'Institution'), which is recognized under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act of 1921'). Provisions of Payment of Salaries Act, 1971 as also the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the 'Act of 1982') are also applicable upon it. The office of Principal in the institution fell vacant on 30.6.2012. Claim of two teachers to officiate against the said post has given rise to filing of these three writ petitions, which have been heard together and are being disposed of by this common judgment.
(2.) The two claimants before this Court are petitioner Smt. Hemlata Rajput (hereinafter referred to as the 'petitioner') and respondent Smt. Israt Fatima (hereinafter referred to as the 'respondent'). The institution has been setup by Nagar Nigam Ghaziabad. A Shiksha Samiti has been formed by the board of Nagar Nigam to run the institution, of which the Chairman is its Mayor, while the Nagar Ayukt happens to be its Secretary.
(3.) The petitioner was appointed as Lecturer on 4.7.2003 while the contesting respondent was appointed as Lecturer in 2005 in another institution and was later transferred to the institution concerned. It is thus not in issue that petitioner is senior to the contesting respondent.;