RAM SADAN YADAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri M.D. Singh Shekhar, Senior Advocate assisted by Shri Sunil Kumar Singh, Advocate on behalf of the petitioner and the Standing Counsel on behalf of the state-respondents. Petitioners before this Court seek a writ of mandamus directing the respondents to ensure payment of salary to the petitioners as ad hoc C.T. Grade teacher. Facts in short leading to the present petition are as follows: Panchayat Inter College, Sarain Meer, District Azamgarh is an aided and recognized Intermediate College (herein after referred to as the Institution). Provisions of Intermediate Education Act, 1921, those of U.P. Secondary Education Services Selection Board Act, 1982 (herein after referred to as the Act, 1982) and those of U.P. Act No. 24 of 1971 are fully applicable to the teachers and staff of the said institution. According to the petitioners, Julmi Yadav and Prithvi Raj Singh who were working as C.T. Grade teacher in the institution were promoted as L.T. Grade teacher. As a result whereof two vacancies in C.T. Grade were caused in the institution. In paragraph 3 it is stated that the vacancies were clear vacancies. The Committee of Management notified the two vacancies in C.T. Grade on the Notice Board of the institution on 1.5.1990 for ad hoc appointment. The petitioners applied and were selected. They were appointed on 30.6.1990.

(2.) It is on the strength of these allegations the petitioners seeks payment of salary from the State exchequer.

(3.) In the opinion of the Court the claim set up by the petitioners is wholly misconceived. The appointment of the petitioners is in violation of Article 14 of the Constitution of India and in teeth of Act, 1982.