RAM PRAKASH DUBEY Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Since, common questions arise in these two writ petitions filed by the same petitioner, they have been heard together and are being disposed of by a common order. Civil Misc. Writ Petition No. 22634 of 1992 shall be treated as the leading case.

(2.) Civil Misc. Writ Petition No. 22634 of 1992 has been filed with a prayer for quashing the order dated 1.6.1992 passed by the District Inspector of Schools whereby approval for the appointment of Prem Shanker Dixit, respondent No. 3, has been accorded with effect from 3.3.1985 and the claim of the petitioner for appointment on the said post has been rejected. A further prayer has been made for a direction to the respondents to treat the petitioner as ad-hoc Teacher in C.T./L.T. Grade. The other writ petition, being Civil Misc. Writ Petition No. 32435 of 1991, has been filed by the same petitioner Ram Pravesh Dubey with a prayer for a direction to pay him the salary as Assistant Teacher along with the arrears with effect from 26.4.1986 and also a direction to the District Inspector of Schools to accord financial approval to the appointment of the petitioner.

(3.) The facts in brief giving rise to these writ petitions are that on the death of one Sri Surya Nath Singh, an Assistant Teacher in Maninath Inter College, Deoria on 13.2.1984, a substantive vacancy arose of which due intimation was given by the Committee of Management to the District Inspector of Schools. Since no appointment had been made, the Committee of Management vide its resolution dated 3.3.1985 appointed Prem Shanker Dixit, respondent No. 3, as Assistant Teacher in the institution. The said respondent No. 3 Prem Shanker Dixit, was earlier working as Assistant Clerk in the institution. Subsequently, the Constitution of the Committee of Management changed and it is the case of the petitioner that the new Committee of Management cancelled the appointment of the respondent No. 3 Prem Shanker Dixit by its order dated 14.4.1986 and resolved to appoint the petitioner as ad-hoc Teacher in his place. The appointment letter in favour of the petitioner was issued on 22.4.1986 and it is alleged that the petitioner joined on the said post on 26.4.1986.