JITENDRA SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) These two appeals arise out of a dispute, the genesis whereof lies in the order passed by the District Inspector of Schools Farukhabad dated 9th December, 1991. By this order the District Inspector of Schools treated the claim of Anil Kumar to be valid and found him entitled to continue against the Short Term Vacancy of an L.T. Grade teachers post in the Institution namely Janta Adarsh Intermediate College, Babna, District Farukhabad recognized under the U.P. Intermediate Education Act, 1921 and governed by the provisions of the U.P. Secondary Education Services Selection Board Act, 1982. It is undisputed that the post is a sanctioned post and is under the purview of the payment of salaries Act (U.P. Act No. 24 of 1971) as such the payment of salary upon approval by the District Inspector of Schools is admissible through State funds.

(2.) Anil Kumar who is the appellant in one of the appeals is stated to have been appointed on ad-hoc basis on an L.T. grade post in the Institution that fell vacant on account of the leave taken by the permanent incumbent of the post namely Gyan Singh Kushwaha. This appointment was made on 6th August, 1988 and was approved by the District Inspector of Schools on 5th October, 1988. There is no dispute about the appointment of Anil Kumar and his approval as ad-hoc teacher against a short term vacancy in the manner aforesaid.

(3.) A post of lecturer which is in the higher grade fell vacant in the year 1989 and against the said post a permanent teacher of the Institution in the L.T. Grade namely Sri Raj Bahadur Singh was promoted on ad-hoc basis as lecturer. The said appointment led to a short term vacancy of L.T. Grade which was the post held by him on substantive basis. This short term vacancy was filled up by the appointment of Jitendra Singh, the appellant in Special Appeal No. 1082 of 2010. It is alleged that Raj Bahadur Singh had joined the post of lecturer on 6th January, 1989 pursuant to the resolution dated 1st January, 1989 and Jitendra Singh joined on the consequential vacancy on 15th January, 1989. The approval order in relation to Raj Bahadur Singh was issued on 1st August, 1989. The approval order clearly recited that the appointment was being approved w.e.f. 6th January, 1989. Further it was indicated therein that on account of the said ad-hoc promotion of Raj Bahadur Singh the proceedings undertaken by the Committee to fill up the post by appointing the appellant Jitendra Singh would stand approved only after the date of approval of Raj Bahadur Singh. Thus the said document which is on record recites that the appointment of Jitendra Singh would stand validated and approved after 1.8.1989.