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2011 Supreme(All) 1525

SUDHIR AGARWAL
VIDYA KANT TIWARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Radha Kant Ojha for the Petitioner; D.P. Singh, C.S.C. for the Respondent.

JUDGMENT

Hon'ble Sudhir Agarwal, J.—Writ petition is directed against the order dated 7.12.2010 (Annexure 8 to writ petition) passed by Joint Director of Education, Allahabad Region, Allahabad (respondent No. 2) holding respondent 5, Balram Mishra, senior to petitioner on the ground that for respondent No. 5 date of appointment reckon for seniority would be 20.4.1998 while for petitioner it would be 17.2.2004. Petitioner has also challenged order dated 9.10.2006 passed by respondent No. 2 whereby it has regularized respondent No. 5 on the post of Lecturer.

2. Facts giving rise to the present dispute, as borne out from record, are as under.

3. Moti Lal Nehru Inter College, Kaundhiyara, District Allahabad is a recognised institution imparting education upto intermediate classes and is governed by provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act"), U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as "1982 Act") and U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "1971 Act"). Petitioner Vidya Kant Tiwari was appointed as Assist















































































































































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