U.C.Srivastava, J. - (1.) The question of seniority between the petitioners and opposite party No. 3, who are members of the teaching staff of the same institution viz., Janta Vidyalaya Intermediate College, Purey Pandey, district Rae Bareli, is the subject-matter of dispute in this writ petition under Art. 226 of the Constitution of India.
(2.) The Committee of Management of the said institution passed a resolution on 23rd July, 1971 appointing the petitioners as Demonstrators in Chemistry and Physics respectively and the opposite party No. 3 as Assistant Teacher in L. T. Grade, and thereafter papers were sent to the District Inspector of Schools for approval in anticipation of which the Committee of Management allowed the petitioners to join the institution on 31st July, 1971, while the approval to the appointment of the petitioners and opposite party No. 3 was given on 3rd August, 1971, whereafter the appointment letters were given to the petitioners and opposite party No. 3 who joined the institution on 4th August, 1971. The opposite party No. 3 was appointed on one years probation, while the petitioners were appointed as temporary Demonstrators and teachers in the institution with a rider that their services will not be terminated.
(3.) Some five years thereafter on some letter of the Principal of the Institution the District Inspector of Schools vide his letter dated 9th Nov., 1976, amended the approval order which was given by him in the year 1971 stating that the petitioners would be treated as having been placed on probation with effect from 31st July, 1971, i.e. three days before the date when the approval was accorded by him and at the same time ordered that they are being confirmed as Demonstrators in the institution. It seems that a few days before this order some representations were made by the petitioners and on the said representations the District Inspector of Schools ordered that as the approval was given on 3rd August, 1971 and the appointment letters were issued on 4th August, 1971, on which date the petitioners joined, the salary between the period 1st August, 1971 to 3rd August, 197l was payable by the management from its funds and not from the joint account and as salary for four days has already been paid from the joint account, the management will deposit the same in the joint account within a month, but the same will not affect their seniority and their appointments would be deemed to be made with- effect from 31st July, 1971.;