JAHAJ PAL Vs. DIOS

JUDGEMENT

(1.) By this intra-court appeal, the petitioner-appellant has challenged the order dated 01.02.2013 passed by the learned Single Judge in writ petition No.29320 of 1990 whereby the writ petition of the petitioner-appellant seeking a direction on the respondents not to interfere in the discharge of duty by the petitioner as an Assistant Teacher of the College and to continue to pay him salary, has been dismissed.

(2.) Facts, in brief, are that one Krishna Pal Singh, a permament C.T. Grade teacher in Janta Inter College, Lisarh, District Muzaffarnagar, a recognised -cum-aided Inter College, proceeded on long leave with effect from 22.12.1987, resulting in a short-term vacancy. After following the procedure prescribed, the petitioner-appellant was granted ad- hoc appointment, which was accorded approval by the D.I.O.S. vide order dated 12.7.1988. Initially the approval was upto 30.12.1988 but, thereafter, Krishna Pal Singh sought extension of his leave up to 30.06.1989, therefore, the managment again sought approval for continuance of the petitioner-appellant, which was accorded by the D.I.O.S., vide order dated 30.12.1988, for a period upto 30.04.1989. In the meantime, on 25.05.1989, Krishna Pal Singh submitted his resignation giving rise to a substantive vacancy. Based upon such resignation, the salary of the petitioner-appellant was stopped from May 1989. As no teacher was appointed on the substantive vacancy and the petitioner continued to work on the substantively vacant post, relying on the law, as it existed then, that an ad-hoc appointee against a short term vacancy was entitled to continue till appointment of a regularly selected candidate through Commission even if the short term vacancy is converted into a substantive vacancy, the petitioner-appellant filed writ petition with a prayer that till a candidate duly recommended by the Commission/Board joins the post or till the services of the petitioner are dispensed with, in accordance with law, he may be permitted to work as teacher and paid salary. On this petition, on 09.11.1990, an interim-order was passed thereby directing that the respondents will not interfere with the functioning of the petitioner as C.T. Grade teacher and pay the entire salary due to him and further continue to pay salary, as and when, it was due. Under this interim order, the petitioner continued to serve the institution and was paid salary.

(3.) In the year 2009 counter-affidavit, on behalf of D.I.O.S., was filed claiming therein that consequent to the conversion of short term vacancy into a substantive vacancy, in view of para 3(c) of the U.P. Secondary Education Service Commission (Removal of Difficulties) (Second) Order, 1981, the appointment of the petitioner automatically ceased and he did not have any legal right to continue in service.