( 1 ) HEARD Sri C. K. Rai, learned counsel for the petitioner, Sri Raj Kumar learned standing counsel for the State and Sri Manish Goyal, learned counsel for the respondent No. 3.

( 2 ) IN this petition, the prayer has been made to quash the order dated 21. 2. 1990 (Annexure-6 to the writ petition) whereby the D. I. O. S. , Ballia, has declared Sri Kapil Dev Upadhaya as senior to the respondent No. 4 Shri Sambhu Nath Shukla, and the petitioner Sri Suresh Dubey. According to the petitioner he was appointed as Assistant Teacher in Laxmi Rajdevi Intermediate College, ballia (in short called the college) prior to the respondent and got approval on 28. 10. 1970 in respect of the petitioner and respondent Nos. 3 and 4 and D. I. O. S. , Ballia, declaring respondent nos. 3 and 4 senior to the petitioner by virtue of their age Is illegal and the decision to this effect taken by the D. I. O. S. , Ballia, on 21. 2. 1990 is erroneous and was challenged before this Court and this Court was pleased to pass an order dated 10. 4. 1990 staying the operation of the impugned order dated 21. 2. 1990. According to the standing counsel, Regulation 3 (1) (b), chapter II, Regulations under