SARITA GUPTA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri Anil Bhushan Advocate on behalf of the petitioner, Sri Ambresh Malviya Advocate on behalf of respondent No. 3 and learned Standing Counsel on behalf of respondent Nos. 1 and 2.

(2.) Smt. Revati Devi Balika Vidyalaya Inter College, Firozabad, is an aided institution, recognized under the previsions of the Intermediate Education Act. The provisions of the said act as also those of the U.P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971 and those of U.P. Secondary Education Services Selection Board Act, 1982 along with the Rules and regulations framed there under are fully applicable to the teaches of the said institution.

(3.) One Smt. Manorama Verma, who was working as Assistant Teacher in the said institution, applied for and was granted leave for the period between 11.11.1994 to 30th June, 1996, The resultant short-term vacancy was advertised in Hindi newspaper' Amar Ujala' dated 14th November, 1994 as also on the notice board of the institution. The petitioner, who is possessed of all the prescribed qualifications, applied in pursuance of the said advertisement. After necessary selection the petitioner was found to be most suitable candidate and was accordingly appointed against the leave vacancy vide letter dated 7th January, 1995. The petitioner jointed the institution on 9th January, 1995. The appointment of the petitioner was also approved by the Regional Joint Director of Education-II, Agra. The petitioner continued to function as such and was paid salary up to 14th May, 1996. Smt. Manorama Verma, however, extended her leave for the period 15.5.1996 to 30th June, 1997, which was also sanctioned and as a result whereof the petitioner continued to function as L.T. Grade Teacher in the institution. However, she was not paid salary for the period subsequent to the 14th May, 1996, while the papers pertaining to the extension of the appointment of the petitioner were pending before the authorities, Smt. Manorama Verma submitted her resignation from the post on 31.12.1996, which was also accepted, as a consequent thereto the short-term vacancy against which the petitioner was appointed stood converted into a permanent vacancy. The various papers submitted by the institution to the authorities for granting approval to the said continuance of the petitioner went unattended. However, in the meantime petitioner continued to function as Assistant Teacher in the institution.