Seniority among teachers is determined by the date of substantive appointment and possession of requisite qualifications at that time, with untrained teachers not equating their service with trained teachers.

JUDGMENT :

Subhash Vidyarthi, J.

Case called out in the revised list.

2. Heard Sri Kushmondeya Shahi, the learned counsel for the petitioner, Sri Manoj Srivastava, learned Standing Counsel representing respondent Nos. 1, to 3 and Sri Uma Nath Pandey, learned counsel appearing for respondent No. 6. No other counsel is present and no adjournment of the case has been sought.

3. By means of Writ-A No. 18846 of 2018 filed under Article 226 of the Constitution of India, the petitioner - Ravendra Singh, has challenged the validity of an order dated 7.8.2018, passed by the Director of Education (Secondary), U.P. Lucknow, rejecting the petitioner's representation dated 23.3.2018, through which he had claimed to be placed in seniority list above the respondent Nos. 5 to 7, and had claimed payment of salary on the post of Trained Assistant Teacher with effect from 27.10.2004.

4. Writ-A No. 6890 of 2024 has been filed by the petitioner - Radheshyam, who is opposite party No. 6 in Writ-A No. 18846 of 2018, claiming payment of contributory provident fund, pension and other retiral benefits and also arrears of salary for the period 14.11.2005 to 10.9.2018.

5. Writ-A No. 6890 of 2024 has apparently been filed for the reason that an interim order dated 5.9.2018 was passed in Writ-A No. 18846 of 2018 directing that status quo, as is existed of the date of the said order, shall be maintained.

6. Briefly stated facts of the case are that the respondent Nos. 5 to 7 - Brijbhan, Radhey Shyam and Prem Prakash Srivastava, were appointed as Assistant Teachers in Captain M.D. Singh Uchchatar Madhyamik Vidyalaya, Basti on 1.7.1981, whereas the petitioner - Ravendra Singh, was appointed as Assistant Teacher in the aforesaid institution on 5.4.1984.

7. Rule 4 of the U. P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules 1978, as it stood prior to its amendment by a Notification dated 4.12.2019, provided that the minimum qualification for the post of Assistant Teacher of a recognized school shall be Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or equivalent examination with Hindi and a Teacher's Training Course recognised by the State Government or the Board such as Hindustani Teaching Certificate, Junior Teaching Certificate, Basic Teaching Certificate, or Certificate of Training.

8. Although, the respondent Nos. 5 to 7 were appointed as Assistant Teacher on 1.7.1981, they did not possesses the essential qualification of training, as provided by Rule 4 aforesaid and all of them acquired the requisite qualification of training in the year 1986.

9. On the other hand, the petitioner - Ravendra Singh had acquired the requisite qualification of training in the year 1982 and he possessed the essential qualification on 5.4.1984 - the date of his appointment as Assistant Teacher in Captain M.D. Singh Uchchatar Madhyamik Vidyalaya, Basti.

10. At the time when the petitioner joined as an Assistant Teacher in the Institution in question, it was a junior high school, it was upgraded to High School level with effect from 22.11.1985, and the provisions of U. P. High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971 became applicable to the institution after the benefit of aid was extended to it on 27.10.2004.

11. A Government Order dated 27.10.2004, specifies that apart from the post of Principal, seven posts of Assistant Teacher, one post of clerk and five posts of peon were sanctioned in the college. The names of respondent Nos. 5 to 7 were included as Assistant Teachers of the college, whereas the name of the petitioner was not included therein.

12. The petitioner filed Writ-A No. 72525 of 2005, stating that although respondent Nos. 5 to 7 had been appointed on 1.7.1981, they did not possess the essential qualification of training on the date of their appointment and also on the date of approval granted to their appointment on 1