CHANDRA MOHAN SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT petition is filed assailing the orders dated 1.10.2010, 10.10.2007 and 16.11.2007, whereby services of respondent no. 6 were regularized on the post of Lecturer (Mathematics) in Arya Inter College, Subhash Nagar, Dehradun with effect from 20.4.1998 and subsequently the representation of the petitioner came to be dismissed vide subsequent impugned order dated 16.11.2007.

(2.) UNDISPUTEDLY , Sri S.S. Baba was working as regular Lecturer (Mathematics) in Arya Inter College, Subhash Nagar, Dehradun; Sri S.S. Baba was granted ad -hoc promotion on the post of Principal of Arya Inter College, Subhas Nagar, Dehradun on 29.1.1993; since, Sri S.S. Baba was granted ad -hoc promotion on the post of Principal, therefore, vacancy existed on the post of Lecturer (Mathematics) in Arya Inter College, Subhash Nagar, Dehradun; respondent no. 6 was granted ad -hoc appointment, vide order dated 1.2.1993, by the Management Committee of the college on the post of Lecturer (Mathematics); ad -hoc appointment so given to respondent no. 6 was approved by the District Inspector of Schools, vide order dated 21.1.1993.

(3.) PERUSAL of approval letter dated 21.1.1993, Annexure No. A -3 to the affidavit filed on 25.9.2013 by respondent no. 6, would reveal that ad -hoc appointment of respondent no. 6 was given till regular appointee on the recommendation of the Public Services Commission or Board joins or ad -hoc promotee i.e. Sri S.S. Baba is reverted back on the post of Lecturer (Mathematics). Undisputedly, services of Sri S.S. Baba, who was earlier given ad -hoc promotion on the post of Principal, were regularized on the post of Principal w.e.f. 20.4.1998. Since, services of Sri S.S. Baba were regularized/confirmed on the post of Principal with effect from 20.4.1998 and no candidate was recommended by the Public Services Commission or Board, therefore, respondent no. 6 was allowed to continue. Vide order dated 1.7.2006, services of respondent no. 6 were regularized on the post of Lecturer (Mathematics) with effect from 27.1.2005. Thereafter, respondent no. 6 moved a representation before the Education Authorities saying as per Rule 9 -A of Chapter II of the Regulation framed under the U.P. Intermediate Education Act, 1921, services of respondent no. 6 ought to have been regularized with effect from 20.4.1998 i.e. the date with effect from Sri S.S. Baba was confirmed on the post of Principal. When nothing was heard from the side of the Education Authorities, respondent no. 6 was compelled to file Writ Petition (S/S) No. 1245 of 2007, Rajendra Singh Rawat v. State of Uttarakhand and others. Writ Petition (S/S) No. 1245 of 2007 came to be disposed of vide order dated 6.9.2007 directing the Education Authorities to take decision on the representation of respondent no. 6, whereby respondent no. 6 was claiming his confirmation/regularization with effect from 20.4.1998 i.e. the date when the services of Sri S.S. Baba were regularized on the post of Principal.