GHANSHYAM RAI Vs. STATE OF U P

JUDGEMENT

(1.) BY the Court. -This special appeal arises from the judgment and order of the learned Single Judge dated 30th of April, 2003 dismissing the appellant's Writ Petition No. 18520 of 2003.

(2.) IT appears that the aforesaid writ petition was filed for quashing the order of the District Inspector of Schools, Ballia dated 27th of March, 2003, rejecting the representation of the petitioner, claiming payment of salary since June, 1995. The appellant claims that he was given appointment against in short term vacancy as L.T. Grade Teacher in the institution in question vide order dated 26th of September, 1993 by the management of the School. It appears that, salary for some time had been paid and, subsequently, it was withheld. Aggrieved appellant preferred Writ Petition No. 31415 of 1996, which was disposed of vide order dated 11th of December, 2001. From the perusal of the order of this Court dated 11th of December, 2001 it appears that the payment of salary to the petitioner was discontinued because of the order dated 26th of September, 1995, passed by the District Inspector of Schools. The Hon'ble Single Judge was of the view that since it was not the final decision and in respect of the genuineness of the payment of salary, documents and other information were sought for from the Manager, and as such, no interference was required in the matter at that stage. His Lordship, however, while disposing of the writ petition, directed that D.I.O.S. should take appropriate decision pursuant to his letter dated 26th September, 1995 if no final decision has already been taken within a period of two months from the date of production of a certified copy of that order. Consequently, the District Inspector of Schools vide order dated 27th of March, 2003 passed the final order, which was impugned in the writ petition. It is apparent from the order impugned in the writ petition that the so called appointment of the appellant against the short term vacancy was de hors the rules and, therefore, the District Inspector of Schools did not approve appointment and was also of the view that the approval given on 22nd of October, 1994 was meaningless.

(3.) WE have considered the submissions made on behalf of the appellant. The procedure for appointment against short -term vacancy is provided in the U.P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981 (in short Order of 1981). Clause 2 of the Order of 1981 lays down the procedure for filling up short term vacancy, which is as under: