RISHI PAL Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) BY means of this writ petition, moved under Articles 226/227 of the Constitution of India, the petitioner has sought direction setting aside order dated 8.4.2003, passed by the respondent No. 3, Principal of Kishan Vidyalaya Inter College, Laksar, district Haridwar (hereinafter referred as the College), whereby the services of the petitioner were terminated under Section 16G read with Regulation 25 of Regulations framed under the U.P. Intermediate Education Act, 1921.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) THE respondents contested the petition and filed their separate counter -affidavits. In the counter -affidavit filed on behalf of the respondent Nos. 1 and 2, it is stated that the appointment of Jaydhwaj Kumar in L.T. Grade was an ad hoc promotion from C.T. Grade and a post fell vacant in the C.T. Grade against which the petitioner Rishi Pal was appointed (on ad hoc basis) in the year 1992. However, the ad hoc promotion of said Jaydhwaj Kumar was not regularized. Consequently, vide order dated 18.10.2002, Jaidhwaj Kumar was reverted back to his original post in C.T. Grade, as such, the petitioner had to go from the post held by him. Accordingly, the services of the petitioner were terminated. However, it is admitted in the counter -affidavit filed on behalf of respondent Nos. 1 and 2 that the cadre of C.T. Grade was declared dying cadre vide Government order dated 11.8.1989. But, the impugned order, passed by the Principal of the College, was defended by the education authorities on the ground that Jaydhwaj Kumar had to be reverted back to his original position and petitioner on the basis of ad hoc appointment could not have continued on the post.