JUDGMENT :

1. Petitioner who is working as Assistant Teacher in attached primary section of an intermediate college, namely, Mangatram Kanya Higher Secondary School, Patla, district Ghaziabad, is aggrieved by decision of the District Inspector of Schools dated 30.12.2016 holding respondent no. 5, namely, Ms. Anupama Tyagi as a senior to the petitioner. Both Assistant Teachers were appointed with approval order issued by the District Inspector of Schools, Ghaziabad on 30.12.2016. Since petitioner and 5th respondent were simultaneously appointed in the institution and their substantive appointment is with effect from the same date, an issue arose as to the inter se seniority.

2. Petitioner is while claiming his seniority on the basis of her date of birth recorded as 5th June, 1981, the 5th respondent claims seniority on the basis of her joining in the forenoon of 30.12.2016. It is admitted to both the parties that petitioner joined in the afternoon of 30.12.2016 whereas 5th respondent joined in the forenoon of 30.12.2016. Upon the matter being remitted under the order of this Court dated 21.6.2021 passed in Writ A No. 4244 of 2021, the Regional Joint Director of Education proceeded to