9911796707
TMI Blog2000 (11) TMI 1266X X X X Extracts X X X X X X X X Extracts X X X X ..... d as a Teacher in the LT Grade of a private aided educational institution, assails the order of the learned single Judge of Allahabad High Court, which was upheld in appeal by the Division Bench. The appellant's case is that he was appointed to the LT Grade earlier than the respondent No. 4, and therefore, he was rightly declared to be senior on a representation being made to the Deputy Direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the post of Lecturer. The aforesaid Resolution appears to have been approved by the District Inspector of Schools on 10-4-1991. According to the appellant, the Resolution in question was in fact an ante-dated one and was passed only in 1991 purporting to be one under 1-8-1981 and the said Resolution could not have been passed in appointing people to the post of Lecturer as there was no vacancy a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the post of Principal cannot be set at naught in any ancillary proceedings unless and until a competent authority or a competent Court annuls the said order. According to him the so-called ancillary proceedings for payment of salary had been made, the respondent No. 4 was not a party, and as such any observation made therein will not be conclusive and binding. 5. The claim of seniority of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct or the Regulation nor any Court in an appropriate proceedings has annulled the same. Therefore, the rights of respondent No. 4 in the promoted post of Lecturer as well as subsequent post of Principal cannot be annulled by virtue of determination of seniority inter se between the appellant and respondent No. 4 in the LT Grade. Needless to mention the contention of the appellant that the Resoluti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pondent No. 4 to the post of Lecturer as well as to the post of Principal shall remain unaffected unless and until it is annulled by any competent authority in accordance with law. We make it clear by this order of ours, we are not approving the legality of the appointment of respondent No. 4 to the post of Lecturer or to the post of Principal. 6. These appeals are disposed of accordingly. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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