SHOBH NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The present special appeal has been filed against the judgment and order dated 13.7.2000 passed by the learned single Judge, whereby the writ petition filed by the appellant-writ petitioner has been dismissed.

(2.) Briefly stated, the facts giving rise to the present appeal are that a post of lecturer in English in Indira Gandhi Intermediate College, Jamah, Mauaima, district Allahabad, (hereinafter referred to as the Institution) was sanctioned on 11.12.1981 by the State Government. One Shri R. P. Ojha was appointed as an ad hoc lecturer under the provisions of Second Removal of Difficulties Order. 1981. The Committee of Management of the Institution intimated the vacancy to the U. P. Secondary Education Services Commission (hereinafter referred to as the Commission) as provided under Section 18 of the U. P. Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as the Act). The Commission advertised the post in question in the newspapers on 11.8.1984, R. P. Ojha, who was working as ad hoc lecturer in English, went on leave on 3.1.1985. Subsequently, he also resigned on 1.12.1985. His resignation was accepted by the Committee of Management on 1.1.1986. The Committee of Management, put a notice on 10.11.1985 on the notice board for filling up the vacancy which had occurred due to leave taken by R. P. Ojha, and on 1.12.1985, the Committee of Management, resolved to appoint the appellant writ-petitioner. The appellant-writ petitioner was given appointment on ad hoc basis on 2.12.1985. The District Inspector of Schools, vide order dated 17.2.1985, approved the appointment of the appellant-writ petitioner.

(3.) It appears, that the Commission, selected one Shri G. P. Mishra, respondent No. 4, on the post of lecturer in English vide notification dated 7.7.1989. When Shri G. P. Mishra, was not being given appointment by the Committee of Management despite instructions given by the District Inspector of Schools, he approached this Court by filing Civil Misc. Writ Petition No. 2695 of 1990 seeking direction to the Committee of Management to issue appointment letter for the post of lecturer in English. This Court issued an interim mandamus on 17.2.1990 to the Committee of Management, either to issue appointment letter to Shri G. P. Mishra or to show cause. Pursuant thereto, the Committee of Management issued appointment letter dated 30.1.1992 to Shri G. P. Mishra, who joined the Institution on 7.2.1992