The benefit of pay-scale and designation granted to the appellant remained personal and did not amount to his substantive appointment as a Lecturer.

JUDGMENT :

1. This intra-court appeal is filed by the appellant, Lal Mani, against the judgment and order dated 25.08.2023, passed by the Single Judge in Writ-A No.10696 of 2023 (Jeet Lal Saroj Vs. The State of U.P. And 3 Others).

2. The appellant was the respondent in the writ petition filed before the learned Single Judge. He was appointed as 'Assistant Teacher' in 'Physical Education' on 05.10.2006 in L.T. Grade. He sought transfer to Saraswati Shiksha Sadan Intermediate College, Marron, Handia, District Prayagraj (herinafter referred to as 'Institution') and the same was allowed vide order dated 07.01.2016. The appellant consequently joined on 01.02.2016.

3. As against the case of appellant, the respondent/writ petitioner was appointed as Lecturer on substantive basis on 08.12.2010. His appointment was pursuant to the recruitment exercise undertaken by the U.P. Secondary Education Service Selection Board vide Advertisement No.1 of 2009. The respondent/writ petitioner actually joined on 04.01.2011 in a different institution. He too sought transfer, which was allowed on 28.06.2019 and he acutally joined on 04.07.2019.

4. The substantive post of Principal in the institution fell vacant. It transpires that the appellant claimed benefit of two Government Orders dated 28.02.1990 and 25.10.2000 and asserted that he is entitled to the post of Lecturer w.e.f. 05.10.2016, upon completion of ten years' service in the L.T. Grade. The claim of appellant in that regard was intially rejected on 26.11.2018. Certain proceedings were then initiated by the State Scheduled Castes Commission and the Authorities had a change of heart and a fresh order came to be passed on 14.05.2023, granting the benefit of the post of Lecturer to the appellant w.e.f. 05.10.2016. Once that was so, the appellant was treated senior as a Lecturer to the respondent/writ petitioner and was consequently allowed to officiate as Principal. We may note that under the applicable provisions upon transfer of a teacher from one institition to another, he is to be placed at the bottom of the seniority.

5. Aggrieved by the order of the District Inspector of Schools, Prayagraj, the respondent/writ petitioner approached this Court by filing Writ-A No.10696 of 2023 (Jeet Lal Saroj Vs. The State of U.P. And 3 Others), which has been allowed by the learned Single Judge vide judgement and order dated 25.08.2023. Thus aggrieved, the respondent in the writ petition has challenged the judgment and order of learned Single Judge by filing the present special appeal.

6. Shri Rahul Agarwal, learned counsel for the appellant contends that the object of the two Government Orders is to grant benefit of higher pay-scale to a teacher placed in a Lower Grade, consequent upon satisfactory working of specificed length i.e. ten years, wherein he has taught students of a higher class. In order to appreciate the contentions so advanced by learned counsel for the appellant, it would be relevant to take note of the two Government Orders, which are relied upon by the appellant in support of its case. The first Government Order in that regard dated 28.02.1990 is reproduced hereinafter:-

The Second Government Order, relied upon dated 25th October, 2000 is also reproduced hereinafter-

7. The core issue involved in the case is with regard to the determination of inter-se seniority between the appellant and the respondent/writ petitioner. The seniority on the post of Lecturer is to be governed by Regulation 3 framed under Chapter-II of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act of 1921'). Regulation 3 (1) being relevant is reproduced hereinafter:-

"3(1). The Committee of Management of every institution shall cause a seniority list of teachers to be prepared in accordance with the following provisions:-

(a) The seniority list shall be prepared separately for each grade of teachers whether permanent or temporary, on any substantive post;

(b) Seniority of teachers in a grade shall be deter