SHOBH NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The core question in this petition is whether the petitioner is entitled for regularisation of his services to the post of Lecturer in English in Indira Gandhi Intermediate College, Jamaha, Mau Aima, Allahabad (hereinafter referred to as the 'institution') under Section 33A (1C) of U. P. Secondary Education Services Selection Boards Act, 1982 (in short the 'Act).

(2.) The facts leading to this writ petition and involving this question are that a post of Lecturer in English was sanctioned by the State Government in the institution on 11.12.1981. One Sri R. P. Ojha was appointed as ad hoc Lecturer under Second Removal of Difficulties Order, 1981, as on the said date, the appointment on ad hoc basis was banned by the Government. The Management of. the institution notified the post to the U. P. Secondary Education Services Commission (hereinafter referred to as the 'Commission') as provided under Section 18 of the Act. The Commission advertised the post in question in the newspapers on 11.8.1984. In the meantime it is alleged that Sri R. P. Ojha resigned from his ad hoc appointment on 3.1.1985. According to the petitioner, he initially went on leave with effect from 3.1.1985 but subsequently resigned on 1.12.1985. Shri Shobh Nath Singh, the petitioner, was appointed on ad hoc basis by the Management of the institution against leave vacancy of Sri R. P. Ojha under Section 18 of the Act on the post in question till a candidate selected by the Commission or till 30th June whichever was earlier. On 1.1.1986. the Management is alleged to have accepted the resignation of Sri R. P. Ojha and the post in question fell vacant subsequently against which the petitioner was continuing on ad hoc basis.

(3.) Sri G. P. Mlsra, respondent No. 4, was selected by the Commission and a notification to this effect was issued on 7.7.1989. The District inspector of Schools asked the Management of the institution on 8.8.1989 to issue appointment letter to Sri G. P. Misra. The Management, however, did not issue any appointment letter to him. Sri G. P. Misra filed Writ Petition No. 2695 of 1989 for direction to the Management 'to issue appointment letter to him for the post of Lecturer in English in the Institution. This Court passed an interim mandamus on 17.2.1990 to issue appointment letter to him or to show cause. The Management issued appointment letter on 30.1.1992 and Sri G. P. Misra in pursuance of the appointment letter joined the institution on 7,2.1992.