GYAN PRAKASH Vs. DISTRICT INSPECTOR OF SCHOOLS AZAMGARH

JUDGEMENT

(1.) These two writ petitions are decided together as the interest of the parties in these petitions are inter-related.

(2.) Hira Lal Smarak Inter College, Bharauli, Azamgarh and Udyog Vidyalaya Inter College, Koilasa, Azamgarh, both are recognised institutions under the U. P. Intermediate Education Act, 1921.

(3.) In Hira Lal Smarak Inter College, one Vidya Sagar Lal was Lecturer in Economics. He retired on 30.6.1984. On his retirement, the Committee of Management intimated the vacancy to the U. P. Secondary Education Services Commission under Section 18 of U. P. Secondary Education Services Commission and Selection Board Act, 1982 (U. P. Act No. 5 of 1982). As the Commission failed to intimate the name of any selected candidate within the prescribed time, the Committee of Management proceeded to make ad hoc appointment. The post was advertised. Shailendra Kumar Yadav applied for appointment for the said post. The Committee of Management passed resolution on 23.9.1984 resolving to appoint him as Lecturer in Economics on ad hoc basis in this Institution. The Manager, in pursuance of the resolution of the Committee of Management, issued appointment letter to him on 15.10.1984. He thereafter joined the post as Lecturer in the institution. The papers were forwarded to the District Inspector of Schools. Azamgarh, for financial approval. The District Inspector of Schools did not pass any order granting financial approval to his appointment. He filed Writ Petition No. 8468 of 1986, Shailendra Kumar Yadav v. District Inspector of Schools and others. The said writ petition was disposed of on 7.9.1994 with the observation that the petitioner. Shailendra Kumar Yadav, shall make representation the District Inspector of Schools who shall pass appropriate order regarding financial approval of his appointment and for payment of salary.