ANAMIKA Vs. STATE OF U P & OTHERS

JUDGEMENT

(1.) This Petition is directed against the Order dated 17.6.1996 Passed by the Regional Deputy Director of Education (Secondary), IVth Region, Allahabad and the consequential notice dated 1.7.1996 issued by the Manager, Kamla Balika Inter College, Khaga, Fatehpur being annexure Nos. 11 and 13 respectively to the Writ Petition. The Regional Deputy Director of Education IVth Region, Allahabad by her order dated 17.6.1996 has set aside the Petitioners ad-hoc appointment to the post of Lecturer (Economics) in Kamla Balika Inter College, Khaga, Fatehpur (in short the College) and Ordered for promotion of Respondent Smt. Suman Sinha on the said post. The impugned notice dated 1.7.1996 was consequently issued by the Manager terminating the services of the Petitioner w.e.f. 31.7.1996.

(2.) The facts giving rise to this Writ Petition briefly stated are these, Smt. Sarla Joshi, Permanent Principal of the College died resulting in a vacancy in the post of Principal Smt. Pramila Sinha the senior most teacher of the College in Lecturer grade was given ad-hoc appointment on the post of Principal Smt. Pramila Sinha was Lecturer in Economics. Her appointment as Principal resulted in a short term vacancy in the post of lecturer in Economics. One Smt. Pratibha Paul the senior most teacher of the College in L.T. Grade was given ad-doc promotion to the vacant post of Lecturer in Economics. Smt. Pratibha Paul was, however, superannuated on 30.6.1990 and consequently the post of Lecturer in Economics again fell vacant. The Management of the College being of the view that no qualified teacher was available for Promotion advertised the vacancy to be filled in by direct recruitment on ad-doc basis vide publication in news paper Aaj on December 8.1990. The Petitioner being a candidate was selected and appointed on the post in question vide letter dated 24.12.1990 which contained a stipulation that the ad- hoc appointment would come to an end on the reversion of Smt. Pramila Sinha from the post of Principal to her substantive post of Lecturer. The appointment was approved by the Regional inspectress of the Girls School IVth Region, Allahabad vide letter dated 6.6.1991 (annexure No. 3 to the Writ Petition) It would appear that the fourth Respondent Km. Suman Sinha represented her case to the Regional Deputy Director of Education and also filed a Writ Petition being Civil Misc. Writ Petition No. 33143 of 1995 challenging the appointment of the Petitioner on the post in question. The said Writ Petition came to be disposed of by judgment and order dated 21.11.1995 with a direction to the Regional Deputy Director of Education, IVth Region, Allahabad to look into the grievances of the Petitioner therein and dispose of her representation in accordance with Law. Consequent upon the said Order. The Regional deputy Director of Education, IVth Region, Allahabad after affording opportunity of hearing to the parties passed the impugned Order dated 17.6.1996 thereby holding that the appointment of the Petitioner on the post was illegal in that the post ought to have been filled under 50% quota by promotion of fourth Respondent Smt. Suman Sinha who was qualified for appointment by promotion.

(3.) Dr. R. Dwivedi, Senior Advocate appearing for the Petitioner urged that the fourth Respondent was not eligible and qualified for promotion to the post in question and the Management, therefore, Justified in taking recourse to direct appointment and the Regional Deputy Director of Education has erred in holding otherwise. It has been submitted by Dr. Dwivedi that the fourth Respondent was appointment as C.T. grade teacher in which grade she was confirmed in 1973 and the post and status of L.T. grade teacher was not given to her albeit the scale of pay admissible to L.T. grade teachers was given pursuant to Government Orders on the basis of having completed a stipulated length of service in the C.T. grade. It has also been submitted by Dr. Dwivedi that the pay of the fourth Respondent was illegally fixed even in the Lecturer grade w.e.f. 1.7.1988 and on that basis she was Paid salary of Lecturer grade for the recovery of which on Order dated 11.12.1990 being annexure No. 5 was passed by the District Inspector of Schools, Fatehpur. Sri T.P. Singh, Senior Advocate appearing for the fourth Respondent submitted on the other hand that the Petitioner was a teacher in L.T. Grade and being possessed of requisite qualifications on the date of occurrence of vacancy was entitled to be promoted to the post of Lecturer in Economics which was illegally filled up by direct Respondent.