SUNIL KUMAR Vs. DISTRICT INSPECTOR OF SCHOOLS GHAZIPUR

JUDGEMENT

(1.) Heard Sri S.K. Varma, senior advocate assisted by Sri Siddarath Varma appearing for the petitioner and Sri S.P. Srivastava learned standing counsel. Counter and rejoinder-affidavits have been exchanged. With the consent of the parties, the writ petition is being disposed of.

(2.) This writ petition has been filed praying for quashing the impugned order dated 25.1.1996 passed by the District Inspector of Schools, Ghazipur and further prayer is made for a writ of mandamus directing the respondents to make payment to the petitioner from month to month along with arrears of salary.

(3.) Petitioner's case as set out in the writ petition is that there is a recognised Institution, namely. Hindu Inter College. Zamanla, Ghazipur. One assistant clerk Ramji Ram went on leave from 16.6.1994 to 15.2.1995. This leave was extended from time to time. Petitioner states that since the work was suffering, hence he was appointed by the committee of management as clerk on leave vacancy vide order dated 25.7.1994. Petitioner states that his appointment was extended from time to time. A resolution dated 15.1,1995 is claimed to have been passed appointing the petitioner on ad hoc basis with effect from 1.2.1995. One post of clerk fell vacant due to retirement of Siya Ram Gupta on 31.1.1995 and on the aforesaid post, appointment of the petitioner was made on ad hoc basis from 1.2.1995. The said fact has been stated in the resolution dated 15.1.1995 filed along with the writ petition as Annexure-2 to the writ petition. Annexure-3 to the writ petition is the appointment letter given to the petitioner appointing him on the post of clerk. A reference has also been made to the letter of District Inspector of Schools dated 25.1.1996 by which the appointment of the petitioner in the leave vacancy of Sri Ram JI Ram was approved up to 31.1.1995.