Point of Law: Employment and Service matter - Post of Lecturer - Petitioner has been superannuated he may not be permitted to hold post of officiating Principal but he shall continue in service as Lecturer till conclusion of this education session, as per law.

JUDGMENT :

1. Heard Sri B.K. Singh, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the opposite party Nos.1 to 5, Sri Amarendra Kumar Bajpai, learned counsel for the opposite party No.6 and Sri Anurag Srivastava, learned counsel for the opposite party No.7.

2. By means of this writ petition, the petitioner has assailed the order dated 28.02.2020 passed by the Director, State Council of Educational Research and Training (S.C.E.R.T.), Lucknow, the opposite party No.2, addressing to the District Inspector of Schools, Lucknow (in short D.I.O.S.), which is contained as Annexure No.1 to the writ petition, whereby it has been directed that the petitioner be permitted to submit his joining at Christian College of Physical Education, Golaganj, Lucknow (here-in-after referred to as the Institution) and he be paid salary strictly in accordance with law. However, by means of the subsequent order dated 03.03.2020 passed by the opposite party No.2 addressing to the D.I.O.S., which is contained as Annexure No.23 to the writ petition, it has been categorically indicated that in compliance of order dated 09.05.2019 passed by this Court in Writ Petition No.9180 (S/S) of 2018 the order dated 19.07.2019 has been passed directing that the petitioner be permitted to submit his joining on the post of Officiating Principal and he be paid salary strictly in accordance with law.

3. The combined reading of Annexure No.1 and Annexure No.23 of the writ petition, which are orders dated 28.02.2020 and 03.03.2020, passed by the same authority i.e. the opposite party No.2 addressing to the same authority i.e. the D.I.O.S., Lucknow the simple direction has been issued to permit the petitioner to submit his joining on the post of officiating Principal in the Institution in question and the petitioner be paid salary and other benefits. Therefore, this court is unable to comprehend as to why the petitioner has assailed the order dated 28.02.2020 (Annexure No.1 to the writ petition), as it does not cause any prejudice to the petitioner. This Court on the first date of admission on 16.06.2020 had however asked the learned Additional Chief Standing Counsel to justify for issuance of these two orders within a gap of 2-3 days but the same could not be clarified and even by filing counter affidavit and the supplementary counter affidavit this has not been explained properly.

4. The brief facts of the case are that pursuant to the Government Order dated 03.02.1981, one post of Lecturer and one post of Instructor for the course of diploma in Physical Education has been sanctioned in the Institution in question. The petitioner was appointed on the post of Lecturer on 10.02.1981 on adhoc basis and worked as such on that post till 15.05.2004. The vacancy of the Principal occurred for the reason that the then Principal proceeded on long leave on 15.05.2004. Therefore, the petitioner was permitted to work as Officiating Principal till 20.10.2016. However, vide order dated 21.10.2016 the petitioner was repatriated on the post of Lecturer and the opposite party No.7 was permitted to be posted as Officiating Principal. Since the petitioner was senior from opposite party No.7, therefore, he represented before the D.I.O.S. and the D.I.O.S. cancelled the order being passed in favour of the opposite party No.7 in respect of Officiating Principal of the Institution in question and permitted the petitioner vide order dated 16.11.2016 to discharge the duties of Officiating Principal.

5. The controversy of seniority and entitlement for the post of officiating Principal between the petitioner and the opposite party No.7 continued for substantial period as those facts are not necessary to be discussed in this order but what is relevant is that one writ petition of the petitioner bearing Writ Petition No.9180 (S/S) of 2018 was pending consideration before this Court on the same issue.

6. On 09.05.2019, the learned Additional Chief Standing Counsel has raised ob