Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—This reference before the Full Bench has been occasioned by a referring order of a Division Bench of this Court dated 11 February 2011.

2. The issue which falls for consideration arises out of the provisions of the U.P. Intermediate Education Act, 1921 (Act of 1921) and the regulations framed in Chapter III governing conditions of service. Since pure questions of law have been framed for the decision of the Full Bench, it would not be necessary for the Court to dwell on the facts of the individual cases. However, to indicate the broad contours of the controversy, a brief reference to the issues as raised in one of the petitions would be in order.

3. In Writ Petition No. 49945 of 2004, the petitioner was appointed as a Daftari on 6 October 1990 in a recognized and aided Intermediate College. On 31 August 2004, a post of Assistant Clerk fell vacant. The Authorized Controller, who was then in the management of the College, promoted the petitioner treating him to be senior in service to the fifth respondent. The petitioner was treated as senior to the fifth respondent on the basis that he had been appointed as a Daftari in a hig