NIRANJAN RAI Vs. DISTRICT INSPECTOR OF SCHOOL GHAZIPUR

JUDGEMENT

(1.) THE petitioner was appointed on ad-hoc basis as lecturer in Hindi in leave vacancy on 30-1-87 which is evident by Annexure-1 to the writ petition. Financial concurrence was given to the appointment on 2-2-87. That the person in whose leave vacancy the petitioner was appointed is said to have resigned his post with effect from 18-8-89. He was a confirmed lecturer.

(2.) ON 14-5-90, it is stated that the Manager of the institution informed the Principal of the College that a substantive vacancy had arisen due to the acceptance of resignation of Sri Barmeshwar Nath Rai with effect from 15-1-90, Regularisation order of the petitioner had not been received, therefore, his salary shall not be paid. ON the letter of the Manager the Principal is said to have directed the College authority not to prepare the salary bill of the petitioner of May, 1990. The petitioner was informed that short term vacancy was converted into substantive vacancy so he will be treated to be not in service and his services would be deemed to have been terminated. The petitioner's case is that till the vacancy is filled up by the Commission he is entitled to hold the post and his services cannot be dispensed with. ON the basis of these facts he claims the salary of the post and prays for a writ of mandamus directing the respondents not to treat the petitioner's services as dispensed with.

(3.) THE petitioner has filed supplementary rejoinder-affidavit also and lie has reiterated the same plea which he has urged in the rejoinder-affidavit.