JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. There exists an educational institution known as Nagar Palika Balika Inter College, Chandrapuri, Ghaziabad (hereinafter referred as the 'Institution'), which is recognized under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act of 1921'). Provisions of Payment of Salaries Act, 1971 as also the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the 'Act of 1982') are also applicable upon it. The office of Principal in the institution fell vacant on 30.6.2012. Claim of two teachers to officiate against the said post has given rise to filing of these three writ petitions, which have been heard together and are being disposed of by this common judgment.

2. The two claimants before this Court are petitioner Smt. Hemlata Rajput (hereinafter referred to as the 'petitioner') and respondent Smt. Israt Fatima (hereinafter referred to as the 'respondent'). The institution has been setup by Nagar Nigam Ghaziabad. A Shiksha Samiti has been formed by the board of Nagar Nigam to run the institution, of which the Chairman is its Mayor, while the Nagar Ayukt happens to be its Secretary.

3. The petitioner was appointed as Lecturer on 4.7.2003 while the contesting respondent was appointed as Lecturer in 2005 in another institution and was later transferred to the institution concerned. It is thus not in issue that petitioner is senior to the contesting respondent.

4. On the eve of vacancy to the post of Principal on 30.6.2012 an offer was extended by the Management of the Institution to the petitioner to officiate as Principal of the Institution, being its senior most Lecturer, but the offer was declined by the petitioner citing family problems, vide her letter dated 19.5.2012. The person placed at serial no.2 i.e. Smt. Krishna Kumari also conveyed her reluctance to officiate as Principal. It was in that background that contesting respondent was handed over charge of the office of Officiating Principal on 5.7.2012. An order was passed by the Assistant Nagar Ayukt on 3.7.2012 authorizing the respondent to act as the Officiating Principal of the Institution. This arrangement, however, was specified to be purely temporary in nature. Communication was accordingly sent by the Management of Institution to the District Inspector of Schools for attesting the signatures of respondent as Officiating Principal on 27.7.2012. The District Inspector of Schools, however, did not attest her signatures, and instead, called upon the Management of Institution to furnish seniority list of Lecturers in the institution. While the issue relating to attestation of signatures was pending at the level of the Inspector, the petitioner appears to have had a change of heart and she represented on 14.8.2012 by stating that the family compulsions on account of which she had expressed her reluctance to accept officiating appointment on the post of Principal has seized and that she is willing to officiate as the Principal of the Institution.

5. The Inspector who was seized of the issue relating to attestation of signatures of Officiating Principal appears to have required the Nagar Nigam Authorities to obtain an affidavit of petitioner about her refusal to accept officiating appointment of Principal as only a letter was sent by her. The Nagar Nigam Authorities responded to this communication by stating that since respondent has already been handed over charge of the office of Principal and a period of nearly two months stood expired, therefore, the question of obtaining affidavit of petitioner at this stage would not arise. A series of correspondence ensued between the Inspector and the Nagar Nigam Authorities thereafter, in that regard. A letter was sent by Inspector to Nagar Ayukt on 17.6.2013 stating that as the petitioner is now willing to officiate as Principal it would be advisable that she be handed over charge of said office.

6. The issue then came to be exami