ONKAR SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS VARANASI

JUDGEMENT

(1.) THE dispute in this petition under Article 226 of the Constitution lies in a narrow compass.

(2.) THE Institution, National Inter College, Pindra, Varanasi is a duly recognised Institution under the provisions of the U. P. Intermediate Education Act and the provisions of U. P. Act No. 24 of 1971 are also applicable. THE vacancy on the post of Lecturer in Hindi was created on 30-6-1988 on the retirement of one Sri S N. Chaubey Necessary intimation in this regard was sent to the District Inspector of Schools, as required under the provisions of the U P. Secondary Education Services Commission and Selection Boards Act, 1982 as also Rules framed thereunder. THE petitioner who was functioning as L. T. grade teacher being the senior most was duly qualified to be promoted on ad hoc basis in vacancy of Lecturer in Hindi THE Committee of Management by Resolution dated 5-9-1988 resolved to give ad hoc promotion to the petitioner being the Senior most Assistant Teacher in L. T. grade possessing requisite qualification THE petitioner took charge of the post of Lecturer with effect from 6-9-1988. Necessary papers for approval of petitioner's appointment was also sent by the Institution to the District Inspector of Schools. THE petitioner was not paid his salary as ad hoc Lecturer in Hindi in spite of several reminders both by the management and by the petitioner. Hence the present petition for necessary direction to the respondents to pay the salary of the petitioner with effect from the date of appointment

(3.) IN the present case, there is no dispute that on the date of occurrence of vacancy, the petitioner possessed the minimum qualifications as also he has put in five years' continuous service as Teacher in L. T. grade. The respondent can not treat the petitioner's appointment as illegal merely because he has not put in five years' continuous substantive service in L. T. grade for ad hoc promotion to Lecturer's Grade. Thus, for ad hoc appointment under Section 18 (1) (b) of the U. P. Secondary Education Services Commission and Selection , Boards Act, neither U. P. Secondary Education Services Commission Rules have laid down any such condition nor in the Removal of Difficulties Order, there is any requirement.