DHIRENDRA SINGH Vs. DIOS AND OTHERS

JUDGEMENT

(1.) This intra-court appeal arises out of judgment and order dated 29.01.2013 passed by the learned Single Judge in writ petition No. 30192 of 1993 whereby the writ petition of the petitioner-appellant seeking mandamus to restrain the opposite parties from interfering in the discharge of duty by the petitioner, as Assistant Teacher in the LT Grade, with a prayer that he be paid salary, has been dismissed.

(2.) Although, we have heard this appeal along with Special Appeal No. 280 of 2013 but as the facts of this case are different and this appeal can be decided on a question which does not relate to the other appeal, we are deciding this appeal by a separate judgment.

(3.) The facts, in brief, are that in a recognized-cum-aided Inter College, namely, Adarsh Intermediate College, Bankat, Azamgarh, a short term vacancy on the post of Assistant Teacher in the LT Grade arose consequent to the suspension of one Veer Bahadur Singh (the respondent No.4) by a resolution of the Committee of Management dated 20.01.1990, which was approved by the District Inspector of Schools, Azamgarh on 17.07.1990. As a result, the short-term vacancy was advertised, selection process was completed and the petitioner-appellant was recommended for appointment. The papers of the Selection Committee were forwarded to the D.I.O.S., Azamgarh for approval, ultimately, on 12th March, 1991, the D.I.O.S. accorded approval and, thereafter, salary was paid to the petitioner-appellant. It transpires that, on 20.11.1991, the Committee of Management of the Institution resolved to terminate the services of Veer Bahadur Singh and papers relating to his termination were sent to the Commission for approval as required by Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982. On 06.08.1993, the Commission approved the termination of Veer Bahadur Singh. Consequent to the order of approval, according to the petitioner-appellant, on 25.09.1993, termination order/ notice was issued/ served by the Committee of Management thereby terminating the services of Veer Bahadur Singh. According to the petitioner-appellant in the interregnum, by U.P. Act No. 1 of 1993, section 33-B was inserted, with effect from 07.08.1993, in the U.P. Act No. 5 of 1982, therefore, consequent to the conversion of the short-term vacancy into a substantive vacancy by dismissal of Veer Bahadur Singh, the petitioner-appellant having been appointed prior to May 14, 1991 in the LT Grade and continuing as such on the date of commencement of U.P. Act No. 1 of 1993, was entitled to be considered for regularisation.