PATESHWARI PANDEY Vs. DISTRICT INSPECTOR OF SCHOOLS MAHARAJGANJ

JUDGEMENT

(1.) This writ petition has been filed for a writ of mandamus directing the opposite parties to promote petitioner on the post of Lecturer (Civics) in Raja Ratan Sen Intermediate College, Nichlaul, Maharajganj.

(2.) 1 have heard Dr. R. G. Padia senior advocate, assisted by Sri Prakash Padia for the petitioner, and Sri Ashok Khare, senior advocate, assisted by Sri V.K. Singh for the respondents.

(3.) The permanent principal of the college died on 7,1.1992, Sri Vlshnudeo Upadhyaya, a permanent Lecturer in the college was appointed in his place on officiating basis. The appointment was approved by the District Inspector of Schools on 16.9.1992. For filling up the short-term vacancy caused by ad hoc promotion of Sri Upadhyay. the management invited applications. Sri Arun Kumar Jaiswal, respondent No. 3. responded to the advertisement and applied for the post. He was selected. The papers relating to his selection were sent to District Inspector of Schools on 19.1.1993. Since no orders were passed by the District Inspector of Schools within seven days, the management issued an appointment order on 27.1.1993, in pursuance thereof, he Joined on the same day. He, however, did not get salary, on which a writ petition was filed by him which was dismissed by this Court on 2.4.1993. Aggrieved, he filed Special Appeal No. 218 of 1993. In the meantime, Pateshwari Pandey, the petitioner, made a representation to the District Inspector of Schools dated 2.3.1993 for his promotion, which was allowed and the appointment of Arun Kumar Jaiswal was disapproved by the District Inspector of Schools on 26.3.1993. The petitioner, thereafter made a representation for his promotion on the post of Lecturer. The special appeal came to be decided on 6.10.1993, holding that the vacancy caused on the promotion of Sri Upadhyay is a short-term vacancy, and that the District Inspector of Schools shall redecide the controversy treating the vacancy as such in accordance with the procedure prescribed in para 2 of the U. P. Secondary Education Services Commission (Removal of Difficulties) (Second Amendment). Order, 1982. The District Inspector of Schools thereafter passed the impugned order dated 11.3.1984. He found that petitioner has filed a writ petition, which is pending, and that Sri Arun Kumar Jaiswal, the respondent No. 3 Lecturer (Civics) is continuing in pursuance of the order of the High Court dated 6.10.1993, and thus until the decision of the High Court, the payment of salary to Arun Kumar Jaiswal, the respondent No. 3 was approved.