The petitioner, Arvind Kumar Tripathi, is before this Court questioning the validity of order dated 27.07.2012 passed by Joint Director of Education, VII Region, Gorakhpur, holding that Vijay Shankar Rao is senior vis-a-vis the petitioner and accordingly, the claim of petitioner to function as officiating/ad hoc Principal is without any force.

In the district of Deoria, there is an institution known as Baba Gayadas Technical Inter College, Barhaj, District Deoria. Said institution is recognized under the provisions as contained under U.P. Intermediate Education Act, 1921. Teaching and non-teaching staff of the institution is paid salary in accordance with the provisions of U.P. Act No. 24 of 1971. In the institution concerned, petitioner had been appointed as C. T. Grade teacher on temporary basis under three-language formula scheme on two-third pay scale and Vijay Shankar Rao, respondent No.5 was appointed in the same institution on substantive basis on one year probation as L.T. Grade teacher. Both the petitioner as well as respondent No.5 entered the institution on the same day, as letter of approval is of the same date i.e. 24.07.1973. Petitioner thereafter compl