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 completed B. Ed. in the year 1985, and thereafter C.T. Grade was declared as dying cadre with effect from 01.01.1986, and accordingly, petitioner was accorded L.T. Grade pay scale after completing 10 years of service in C.T. Grade.

In the institution concerned post of Principal fell vacant and one Ved Vyas Shukla, who was working as Lecturer in Sanskrit, was promoted on the post of Principal on ad hoc basis with effect from 01.07.1988. Petitioner claims that in the vacancy caused on account of promotion of Ved Vyas Shukla, he was promoted on ad hoc basis as Lecturer in Sanskrit and his promotion had been approved and to the contrary at the said point of time an order dated 05.12.1992 was passed by the District Inspector of Schools making recommendation in favour of one Nand Lal by the committee constituted under amended Section 18 of U.P. Act No. 5 of 1982. Against the said order making recommendation in favour of Nand Lal, petitioner preferred writ petition No.4160 of 1993, in which an interim order was passed. The petitioner thereafter on the strength of the interim order got his ad hoc promotion approved by the District Inspector of Schools on 10.10.1994 and the said approval letter forms part of the record, and therein it has been clearly mentioned that pursuant to interim order passed by this Court financial approval had been accorded.

On 30.06.2000 post of lecturer in Civics fell vacant and in the said vacancy the name of Vijay Shankar Rao, who was working on substantive basis as L.T. Grade teacher, had been recommended for being promoted as Lecture in Civics, and on 12.02.2001 Regional Level Committee proceeded to accord approval to the resolution of promotion under Rule 14 of the U.P. Secondary Education Services Selection Board rules, 1998 in favour of Vijay Shankar Rao, and since then Vijay Shankar Rao has been functioning as lecturer in Sanskrit. In reference to petitioner, writ petition No.4160 of 1993 filed by him came to be dismissed by means of following order:

"List revised.

Advocates are agitating on the issue of constitution of a Bench of High Court in Western U.P. This writ petition appears to have been rendered infructuous by passage of time and deserves to be dismissed, apart from being nota fit case for interference by this court in exercise of its extraordinary remedy under Article 226 of the Constitution.

It is made clear that dismissal of the petition shall not prejudice rights, if any, accrued during pendency in question or to seek such remedy for vindication of ours right as may be available under law irrespective of dismissal of this writ petition.

Writ petition is accordingly dismissed. Interim order, if any, shall stand discharged."

Thereafter, papers for regularization of petitioner had been sent and on 21.07.2008 an order was pass