RAM NARESH TRIPATHI Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Sri Bihari Ji Inter College, Aheripur, District Etawah (called the college at Etawah) is a recognised Intermediate College as contemplated under the provisions of U.P. Intermediate Education Act, 1921 and the regulation framed thereunder. Provisions of Payment of Salaries Act, 1971 as well as U.P. Secondary Education Service Commission are also applicable. Ram Naresh Tripathi was appointed on the post of Assistant Teacher (L.T. Grade) in the institution with effect from September, 1972. The said Ram Naresh Tripathi continued to work as such, Darshan Lal Mishra. Lecturer (Civics) in the college retired on June 30, 1992. According to Ram Naresh Tripathi Committee of Management resolved to promote the petitioner on the aforesaid post lecturer Civic on ad hoc basis vide Management's resolution dated January 9, 1994 as contemplated under Removal of Difficulties Order issued under Secondary Education Commission Act since there was no regular selectee recommended by the Commission. It is further alleged that concerned District Inspector of Schools vide order dated June 15, 1995 approved ad hoc appointment of said Ram Naresh Tripathi and on its basis appointment letter dated June 16, 1995 was issued, Consequently, Ram Naresh Tripathi joined duties on the post of Lecturer (Civics) in the college and started discharging duties by taking intermediate classes.

(2.) On the other hand Surendra Nath Tripathi was appointed as Assistant Teacher (L.T. Grade) in another recognised Intermediate College Jain Inter College, Karhal, District Mainpuri (Called the College at Mainpuri) on 15th July, 1972. He sought his transfer to the College at Etawah. He was allowed to be relieved from the College at Mainpuri and join at the College at Etawah on the basis of the order dated August 30, 1984 passed by District Inspector of Schools, Mainpuri. On 1-9-1984 Surender Singh Tripathi joined the college at Etawah as Assistant Teaher (L.T. Grade).

(3.) When Ram Naresh Tripathi, as indicated, above was given ad hoc promotion as Lecturer, the said Surender Nath Tripathi being aggrieved pressed for his claim of promotion as lecturer and in that connection it is alleged by him in writ petition No. 2521 of 1993 that he had approached various authorities including various representation being filed. In the aforesaid writ petition Surender Nath Tripathi alleged that his representations were not being considered. He prayed for a writ of mandamus directing the respondents (concerned educational authorities) to make ad hoc promotion on the post of lecturer lying vacant on the retirement of one Dharshan Lal Mishra, Dharama Narayan Pathak and further a writ of mandamus directing he concerned respondents to sent requisite papers for regular promotion. In this petition ad interim mandamus vide order dated 29-1-1993 was issued by the learned Single Judge directing the respondents to consider the case of the petitioner on ad hoc promotion provided a certified was served on the concerned respondents.