ASHOK KUMAR SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri V. K. Singh, learned counsel for the petitioner and Sri S. S. Sharma, learned standing counsel for the respondents.

(2.) In this petition prayer has been made to quash the impugned order dated 5.11.1999 (Annexure-1 to the writ petition) which was passed by the District Inspector of Schools, Etawah, with further prayer for issuance of mandamus commanding the respondent to make payment of salary to the petitioner regularly along with arrears with effect from 1.12.1978.

(3.) According to the learned counsel for the petitioner post of Principal in the Dr. Ram Manohar Lohiya Inter College, Dhanuwan, Etawah had fallen vacant on account of retirement of Sri Vishram Singh on 30.6.1996. One senior most Lecturer Sri Ram Pal Singh was appointed as ad hoc Principal. In these circumstances, short term vacancy arose and one Sri Agent Singh who was senior most L.T. grade teacher was appointed as Lecturer on ad hoc basis to the short term vacancy in the L.T. grade. However, for fulfilling the vacancy, the post was advertised on 5.11.1998 in two newspapers having wide circulation and large number of candidates participated in the selection including the petitioner where the petitioner was found suitable and was appointed on 23.11.1998, consequent upon, the petitioner joined the said college on 1.12.1998. The relevant papers in respect of getting financial approval was forwarded by the management of the said college to the D.I.O.S. on 11.1.1999, however, no heed was taken by the D.I.O.S. the petitioner preferred Writ Petition No. 35465 of 1999 which was disposed of on 19.8.1999 with the direction to decide the issue in question and the issue of giving approval within a period of two months. Consequently, the District Inspector of Schools, Etawah has passed an order on 5.11.1999 rejecting the claim of the petitioner which is the impugned order under challenge in this writ petition.