MUKESH KUMAR SHARMA Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) There is an institution in the name of Public Inter College, which is governed by the provisions of The U.P. Intermediate Education Act, 1921; U.P. Act No.5 of 1982 and the U.P.Act No.24 of 1971.

(2.) Brief facts of the case are that one Sri Shambhu Lal Vashisth was the permanent Principal of the institution, who retired on 30.06.1990, causing a substantive vacancy of Principal. The requisition with regard to the vacancy was sent by the management to the Secondary Education Service Commission through District Inspector of Schools. When no regular appointment was made on the post of Principal, the committee of management has appointed one Sri Jaipal Singh, permanent Lecturer Maths as officiating Principal by way of adhoc promotion. As a result of adhoc promotion of Sri Jaipal Singh as Principal, a short term vacancy arose. It appears that by letter dated 08.07.1993, Accounts Officer in the office of District Inspector of Schools, Saharanpur accorded the sanction with regard to the filling up vacancies, including the short term vacancy of Lecturer in Maths caused by the grant of adhoc promotion to Sri Jaipal Singh. Thereafter, the management of the institution advertised the post of Lecturer in Maths in newspaper, namely, Amar Ujala on 24.07.1993. In pursuance of the said advertisement, the petitioner applied for the post of Lecturer in Maths. The petitioner being qualified has been selected and committee of management passed the resolution on 08.08.1993 appointing the petitioner on adhoc basis as Lecturer in Maths. In pursuance of the aforesaid, appointment letter has been issued to the petitioner on 14.08.1993. The petitioner joined the institution on 14.08.1993. The institution has forwarded all the papers to the District Inspector of Schools for payment of salary along with the covering letter dated 02.09.1993. The petitioner was continuously functioning but the salary has not been paid despite the several requests, the petitioner filed the present writ petition.

(3.) On 07.07.1994 this Court has entertained the writ petition and directed the respondents to file counter affidavit and an an interim measure the respondent nos.1, 2 and 3 were directed to pay current salary to the petitioner provided he is working on the post on the basis of the order of appointment letter dated 14.08.1993.