SUBHASH CHANDRA SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record. Pleadings have been exchanged between the parties and they agree that the petition may be disposed of finally under the Rules of the Court.

(2.) This writ petition is directed against an order dated 22.9.2000 passed by the respondent No. 1 by which the representation of the petitioner has been decided in pursuance of an order of a learned Single Judge dated 15.12.1999 passed in Writ Petition No. 52013 of 1999. By the said order, the respondent No. 1 has rejected the approval application for the appointment of the petitioner as L.T. Grade teacher in the institution. Further relief for payment of current and arrears of salary has been sought.

(3.) Brief facts giving rise to this writ petition are that Rameshwar Mahadev Inter College, Krishna Nagar, Christ Nagar, Varanasi is duly recognised intermediate college governed by various educational enactments. A Lecturer in Economics, Sri Naveen Kumar Shukla, died in harness resulting in a substantive vacancy which was filled up on adhoc basis by promoting Sri Hausala Prasad Singh, a L.T. Grade teacher. This resulted in a short term vacancy in the L.T. Grade. The management exercising its power under the Second Removal of Difficulties Order issued advertisement in two daily newspapers namely 'Dainik Jagran' and 'Aaj' published on 19.12.1998 and 20.12.1998 respectively. Large number of candidates applied in pursuance of the said advertisement and the petitioner was duly selected on the basis of quality points awarded to him. The said selection was approved by a resolution of the Committee of Management, in pursuance whereof, appointment letter was issued on 14.1.1999 and since 15.1.1999 the petitioner is continuously working on the post. As no decision was being taken on the letters for approval sent by the Management, no salary was also being paid. Thus, the petitioner was forced to file a Writ Petition No. 52053 of 1999 which came to be disposed of by an order dated 15.12.1999 with a direction to the District Inspector of Schools to decide the representation of the petitioner. This led to the passing of the impugned order.