OM PRAKASH MISHRA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri P. C. Mishra, learned counsel for the petitioner in both the writ petitions and learned Standing Counsel for the respondents.

(2.) Writ Petition No. 34713 of 1993 has been filed for quashing the order dated 15.09.1993 passed by the District Inspector of Schools, Allahabad, whereby he declined to grant approval to the appointment of the petitioner made by the Committee of Management on the ground that the vacancy against which the management made the appointment of the petitioner was not a short term vacancy and, therefore, against substantive vacancy the appointment of the petitioner could not have been made by the Management. It is further stated in the said order dated 16.09.1993 that it is only against the vacancy caused on account of leave taken by a teacher or in case of suspension of the teacher that the management could have made the appointment. This Court vide order dated 23.09.1993 issued notices to the respondent and in the mean time the operation of the order dated 15.09.1993 was stayed and further the respondents were directed to permit the petitioner to continue as L.T.Grade teacher and also to pay salary. Pursuant to the interim order the petitioner is continuing in the LT Grade and is getting salary also.

(3.) Writ Petition No. 47743 of 2003 has been filed by the petitioner for a direction to the respondent to consider his claim for regularization on the post of LT Grade Teacher in view of the provisions contained under Section 33 F of U.P. Secondary Education Service Selection Board Act 1982.