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2019 Supreme(All) 999

ASHWANI KUMAR MISHRA
Shiv Poojan – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : Shailendra, Anand Prakash Srivastava, Archana Hans, Sharad, Siddharth Khare, Adv.
For the Respondent: C.S.C., Mritunjay Mohan Sahai

JUDGMENT :

Ashwani Kumar Mishra, J.

An order passed by the Joint Director of Education, Varanasi Region, Varanasi, dated 24th May, 2017, whereby private respondent no.4 has been held senior to petitioner is assailed in the present writ petition. It is contended that long standing seniority in the institution is disturbed by order impugned, which is otherwise contrary to the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act of 1921') and the Regulations framed thereunder.

2. Petitioner claims to have been appointed as Lecturer in English pursuant to recruitment exercise undertaken by U.P. Secondary Education Service Selection Board. He has been issued an appointment letter on 6.2.2002 and has actually joined on 13th March, 2002. So far as respondent no.4 Triloki Nath Pandey is concerned, it appears that his initial appointment was on the post of teacher in physical education in C.T. Grade on 19.11.1985. His appointment was against a vacancy caused due to promotion of one Krishan Deo Prasad Mishra. The promotion order was challenged before the civil court wherein an order of status quo was passed. A subsequent order of District Inspector of Sch

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