SUKHNANDAN Vs. DISTRICT INSPECTOR OF SCHOOLS MEERUT

JUDGEMENT

(1.) - By present petition under Article 226 of the Constitution prayer is that the respondents may be directed not to interfere in the working of the petitioner as an Assistant Teacher in L.T. Grade in Shri Salig Ram Sharma Smarak Inter College Rasna, Meerut and to pay his regular salary including the arrears of his salary with effect from 11-12-1989.

(2.) THE factual matrix of the case is that in the vacancy caused on the retirement of Mange Ram, Permanent lecturer in Hindi, one Kanhaiya Lal Nautiyal, Permanent Assistant Teacher in L. T. Gride was promoted, with the result one vacancy of Assistant Teacher in L. T. Grade occurred in the Insti- tution. In that vacancy, Committee of Management appointed the petitioner as an Assistant Teacher in L T. Grade on ad hoc basis, in view of the provisions of U. P. Secondary Education Removal of Difficulties Order 1881 (for short Order 1981). THEreafter complete papers pertaining to the appointment of petitioner were sent to the District Inspector of Schools which were received in his office on 26-12-1989, but the District Inspector of Schools did not communicate his decision till date, hence this petition has been filed.

(3.) LEARNED Standing Counsel supported the impugned order. The provisions of paragraph 2 (2) (iii) of Order 1981 are set out : "The District Inspector of Schools shall communicate his decision within seven days of the date of particulars by him failing which the Inspector will be deemed to have given his approval."