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1997 Supreme(All) 974

S.DIKSHIT
JAGAT NARAIN DWIVEDI – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, PRATAPGARH – Respondent


Advocates Appeared:
A.K.KHAN, Alok Mathur, H.G.S.Parihar, I.B.SINGH, L.P.MISHRA, M.M.SRIVASTAVA, MATHUR SINGH, Pankaj Bajpai, S.K.Gaur

SHOBHA DIKSHIT, J.

( 1 ) THE short question which falls for consideration in this writ petition is as to what is the relevant date for the purpose of determining inter se seniority amongst the teachers in the lecturers grade, i. e. , whether the date of joining the post in the grade or the date of approval of the order of appointment or promotion in that grade is the relevant date. In the present case, the teachers Sarva Sri J. N. Dwivedi, S. N. Shukla and S. P. Tripathi were duly selected for the subjects--Economics, Geography and Hindi and their selection was also approved by the concerned District Inspector of Schools vide orders dated 11. 7. 1973. The appointment of Sri J. N. Dwivedi and Sri S. N. Shukla was by way of direct selection whereas Sri S. P. Tripathi was approved for being promoted to teach the subject of Hindi in lecturers grade. Pursuant to the aforesaid approval, the Committee of Management issued appointment letters and delivered them personally to Sri J. N. Dwivedi and Sri S. N. Shukla on 23. 7. 1973. Sri J. N. Dwivedi claims that he joined the post immediately thereafter on 23. 7. 1973 in the afternoon at 1. 30 p. m. whereas sri S. N. Shukla joined the post at





























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