ARVIND SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri H.N.Singh, learned counsel for the petitioner, Ms. Manisha Chaturvedi, learned counsel for the Committee of Management and learned Standing Counsel for the State respondents.

(2.) The petitioner before this Court is working as Assistant Teacher in LT Grade in a recognized and aided institution being run and managed by 6th respondent and claims that he has been working ever since he submitted his joining in the institution on 5/12/1997 pursuant to his initial appointment on 3/12/1997 taking recourse to provisions as contained under Second Removal of Difficulties Order, 1981 and read with Sec. 18 of the U.P. Secondary Education Service Commission Act, 1982. He claims to have been appointed against short term vacancy on account of one Saryu Yadav, the then Assistant Teacher in LT Grade upon getting promoted as head master in the institution in October, 1996.

(3.) He also claims to have possessed requisite qualification to be appointed as Assistant Teacher in LT Grade as per provision Appendix-A of the Intermediate Education Act, 1921, and therefore, Committee of Management rightly proceeded to adopt resolution accepting recommendation of the selection committee offering him appointment. The papers, according to the petitioner were forwarded by the Committee of Management on 8/12/1997 to the District Inspector of schools but the District Inspector of Schools refused to accord approval to the appointment of the petitioner and so also consequently he was not paid salary. It was when despite several representations made by him, no heed was paid by the District Inspector of Schools, petitioner approached the Lucknow bench of this Court by filing writ petition (SS) No. 4740 of 2009, in which a detail interim order was passed on 30/10/2010 with the rider that in the event petitioner has been working upon being appointed against short-term vacancy and discharging duties as such then it will be equitable to pay him salary, accordingly he is entitled to salary.