Hon’ble P.K.S. Baghel, J.—Challenge in this writ petition is the order of the Director of Education dated 29.6.2011 whereby he has declared the respondent No. 5 and 6 senior to the petitioner.

2. The essential facts of the case are that Pt. Jawahar Lal Nehru Inter College, Tilaura, Gorakhpur is a recognized institution. The education is imparted upto the level of Standard XII. It receives grant in aid from the State Government. The affairs of the institution is managed by the respondent No. 4 committee of management. The provisions of the U.P. Intermediate Education Act, 1921, the regulations framed thereunder, the U.P.High School and Intermediate College (Payment of Salaries of the Teachers and other Employees) Act, 1971 and the U.P. Secondary Education Services Selection Board Act, 1982 (for short Act No. 5 of 1982) are applicable to the institution.

3. It is stated that the petitioner was initially appointed as a CT grade teacher in the said institution on 8.7.1975 on ad hoc basis. He was regularized on 21.4.1977. He earned his promotion in the next grade viz. L.T.grade. The grievance of the petitioner is that the respondent No. 5 Kalapati Tripathi was appointed on ad hoc basis on 12.7.1977. It is averred by the petitioner that respondent No. 6 Ram Narayan Jaiswal was initially appointed on 8.7.1974 in another institution namely Jawahar Lal Inter College, Naugarh, Basti. He was also regularized on the same date i.e. 21.4.1977. Later on he was transferred in the present institution on 19.9.1985.

4. The management circulated a tentative seniority list wherein the respondent No. 6 was shown at serial number 6 and the petitioner was at serial No. 7 and respondent No. 5 was shown at serial No. 8. The petitioner filed his objection before the management committee on 21.10.2010. As regards the respondent No. 6 the petitioner objected that he was transferred from another institution on 19.9.1985 to the present institution therefore service rendered by him in another institution prior to his transfer shall not be reckon for the seniority purposes.

5. With regard to the respondent No. 5 the petitioner stated in his objection that in terms of Section 33 D of the U.P. Secondary Education Services Selection Board Act, 1982, the petitioner was entitled for promotion in L.T. grade after his completion of 10 years in C.T.grade. As the petitioner was appointed on 8.7.1975 he would had completed 10 years on 8.7.1985 whereas the respondent No. 5 had completed his 10 years on 12.7.1986, thus he is junior to the petitioner. On 13.11.2010 list was finalized and no change was made in tentative list as far as the petitioner is concerned.

6. Feeling aggrieved by the said seniority list the petitioner preferred an appeal before the Joint Director of Education on 26.11.2010. The Joint Director of Education. The Joint Director of Education held that the petitioner, respondent No. 5 and 6 were not promoted from CT grade to LT grade but in compliance of the various Government Orders issued from time to time the CT grade was declared dying cadre and the teachers who have completed 10 years of service were treated to be absorbed in L.T. grade from 1.1.1986 or from the date of completion of their 10 years after 1.1.1986. He also found that their pay fixation was also made from 1.1.1986 therefore the regulation 3 (1) (b) of Chapter III of the Regulations which provides that if the date of substantive appointment is the same the teacher who is senior in the age shall be senior. The Joint Director of Education has set aside the order of the management dated 13.11.2010 and matter was remitted to the committee of management to consider the matter afresh.

7. The respondent No. 5 has filed his counter-affidavit the stand taken therein is that initially he was appointed in July, 1974 and from March, 1975 he was paid his salary. However, as the appointment itself was ad hoc and till the end of Session fresh appointment was made in the next Session i.e. from