YOGENDRA PAL SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Yogendra Pal Singh, Munish Kumar, Ajay Kumar Vishwas. Petitioners have approached this Court through this petition under Article 226 Constitution of India praying :

(2.) Heard, learned Counsel for the Petitioners as well as the learned Standing Counsel for Respondent Nos. 1 and 2, Shri S. K. Srivastava, Advocate represen- ting Respondent No. 3 and perused the record. S.A.M. Inter College, Saharanpur, called the 'College' a private managed Government aided recognized educational institution, is governed by the provisions of U.P. Intermediate Education Act, U.P. Seconday Education Services Commission Act, 1981 and Payment of Salaries Act, 1971. Three Assistant Teachers (C.T. Grade), namely, Ramesh Chand Sharma, Mangal Ram Verma and Vijay Pal Bhatnagar were accorded ad-hoc promotion as Assistant Teachers (L.T. Grade) in the College and. consequently, short term vacancy occurred on three posts of Assistant Teacher (C.T. Grade) held by aforementioned three persons.

(3.) Management of the College made ad hoc appointment on aforesaid three posts of Assistant Teacher (C.T. Grade) against short-term vacancy through direct selection and these Petitioners joined their posts (as Assistant Teacher C.T. Grade) with effect from January 5, 1989. On January 16, 1989 the then District Inspector of Schools approved ad-hoc appointments of the Petitioners in C.T. Grade initially upto March 15, 1989 (Annexure-1 to the Writ Petition). This appointment was subsequently extended upto April 30, 1989 vide order dated March 28, 1989 (Annexure-2 to the Writ Petition). Adhoc appointment was again extended by the then District Inspector of Schools vide order dated May 12, 1989 to continue till vacancy was converted into substantive vacancy or filled by regular promo- tion/selection through Commission (Annexure-3 to the Writ Petition). Vide U.P. Act No. 1 of 1993, Section 33-B was incorporated in the U.P. Secondary Education Services Commission Act, 1981 with effect from August 7, 1993. As a consequence thereof certain ad hoc teachers, like the Petitioners working between May 13, 1989 and May 14, 1991 were accorded benefit of regularisation as contemplated therein.