RAM SINGH KATIYAR Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) PETITIONER before this Court seeks a writ of mandamus commanding the respondent nos.3 and 4 to pay salary to the petitioner w.e.f. 11.8.1991 and further to declare the ban imposed by respondent no.1 on appointments as illegal.

(2.) THE facts in brief are as follows:- A substantive vacancy on the post of L.T. Grade Teacher became available in the B.N. Inter College, Bhagwant Nagar, Hardoi due to retirement of the earlier incumbent on 30.6.1989. The provisions of the Intermediate Education Act, 1921, U.P. Secondary Education Services Selection Board Act, 1982 and U.P. High School and Intermediate Colleges (Teachers and other Employees0 (Payment of Salary) Act, 1971 are fully applicable to the teachers of the institution. This vacancy according to the petitioner was requisitioned to the U.P. Secondary Education Services Selection Board and since the Selection Board failed to recommend a suitable candidate, the Committee of Management decided to make ad-hoc appointment on the said post. It is stated that a resolution was passed on 8.9.1991 offering appointment to the petitioner against the said vacancy on adhoc basis. This order according to the petitioner is referable to the powers vested in the Committee of Management under Section 18 of the Act No.5 of 1982. With reference to the aforesaid appointment the petitioner has set up his plea for salary. Reference has been made to the telegram issued by the State Government dated 29.6.1991, wherein ban on appointments has been imposed.

(3.) ADMITTEDLY the appointment of the petitioner was made when ban had been imposed and was in-force. This Court in the case of "Durgesh Kumari Vs. State of U.P. And others" reported in 1995 (3) U.P.L.B.E.C 1387 has specifically upheld the ban imposed on appointments against the substantive vacancies was legal and valid. The judgment of the Hon'ble Single Judge to the contrary holding that the ban will not apply to appointments under Section 18 in the case of "Kumar Prabhabati Dikshit Vs. U.P. Madhyamic Siksha Sewa Ayog, Allahabad" reported in 1992(1) U.P.L.B.E.C 582 has specifically been over-ruled.