GHANSHYAM Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal questioning the correctness of the judgment of the learned Single Judge dismissing the writ petition filed by the Appellant and upholding the order of the District Inspector of Schools dated 7.8.2010.

(2.) The Appellant was appointed as an Assistant Teacher in Baba Vasudev Das Inter College, Alinagar, District Sant Kabir Nagar, on ad hoc basis on account of a short term vacancy having arisen due to the permanent incumbent of the post Sri Dashrath Prasad upon being promoted as ad hoc Principal. The said Sri Dashrath Prasad was promoted w.e.f. 1.7.1996 where after he functioned as ad hoc Principal and his resultant vacancy, which was a short term vacancy, came to be filled up by the ad hoc appointment of the Appellant.

(3.) The Appellant had earlier filed a writ petition, being Civil Misc. Writ Petition No. 9672 of 2002, which was disposed of on 23.1.2004 and in pursuance of the said judgment the District Inspector of Schools passed orders on 29.5.2004 ensuring payment of salary to the Appellant. The Appellant was continuing in service as an ad hoc teacher and accordingly received salary.