SHIVAJEET SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS ALLAHABAD

JUDGEMENT

(1.) The petitioner's appointment as a teacher in grade is said to have been disapproved by the District Inspector of Schools, Allahabad (hereinafter referred to as the respondent) by his order dated 19.5.1988 with effect from 4.1.1988. That order is challenged in this writ petition and it is prayed that the respondent be directed to approve the appointment of the petitioner as teacher in C. T. grade of the institution in question with effect from 2.1.1988.

(2.) Radha Raman Inter College, Daraganj, Allahabad, the institution in question, is said to be a recognised institution and is governed by the U.P. Intermediate Education Act and the U.P. Intermediate Education Service Commission Act and the rules and regulations framed thereunder one Chandra Pal Shukla was appointed as a teacher in C.T. grade against a clear vacancy on the post which was sanctioned in the institution in accordance with the provisions of law. The said Chandra Pal Shukla was promoted from C.T. grade to L.T. grade . Consequent upon his promotion his post in the C.T. grade, which is a clear vacancy, fell vacant. The petitioner applied for the appointment as teacher in C.T. grade against the said post. Some other persons had also applied for being appointed as C.T. grade teacher in the said institution. The petitioner was duly selected by the selection committee and was appointed as their in C.T. grade on the sanctioned post in the institution on temporary and adhoc basis with effect from 2.1.1988 and he was given the appointment letter in this regard on 31.12.1987, a copy where of is annexed as Annexure 2 to this petition. In pursuance of this letter the petitioner is said to have joined die institution as C.T. grade teacher on 2.1.1988.

(3.) It is the case of the petitioner that till date he is working in the institution as C.T. grade teacher on adhoc basis without any break in service. A copy of the certificate issued by the Principal to this effect is annexed as Annexure 3 to the writ petition. The management of the institution had by their letter No. 430 dated 12.2.1988 recommended the name of the petitioner for approval to the respondent No. 1. The management had mentioned that on account of Mr. Chandra Pal Shukla's promotion to L.T. grade post, the post of C.T. grade had fallen vacant. Therefore, the petitioner was appointed on adhoc basis by this selection Commission on vacant post with effect from 2.1.1988. The management requested for approval of the petitioner's appointment. A copy of the said recommendation is annexed as Annexure 4 to the writ petition.