JAI NATH PRASAD MAURYA DEV NARAYAN RAM Vs. JOINT DIRECTOR OF EDUCATION SECONDARY VTH REGION DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri V.K. Singh for the petitioner and learhed Standing Counsel.

(2.) The Intermediate College, Dharao, Chandauli, District-Chandauli is a recognised and aided educational institution. Sri Indrajeet Singh Assistant Teacher. L.T. Grade retired, on which Sri Arjun Prasad, Assistant Teacher in C.T. Grade was promoted in the vacancy of 50% quota. The promotion was approved by the District Inspector of Schools , Varanasi on 31.12.1993. The management advertised the resultant vacancy in C.T. Grade, and after selections on the basis of quality point marks, the management appointed the petitioner Sri Jai Nath Prasad Maurya in the alleged short term vacancy on 20.8.1998. The District Inspector of Schools , Varanasi did not accord financial approval on which the petitioner filed writ petition No. 45442 of 2000 in which directions were issued to decide his representation.

(3.) By the Government Order dated 11.8.1989 the C.T. grade was declared as a dying cadre. Thereafter no appointment could be made in C.T. Grade. The District Inspector of Schools , Varanasi by his letter dated 31.12.1993 had restrained the management from filling up the vacancy caused on the ad hoc promotion of Sri Arjun Prasad. The management, however, proceeded to fill up the vacancy as a short term vacancy. Further there was a ban on fresh appointment by Government Order dated 30.7.2001 and the Departmental order dated 31,8.1991. The District Inspector of Schools Chandauli by his order dated 15.3.2001, rejected the representation holding that the petitioner was not appointed on any short term vacancy but on a substantive vacancy in C.T. Grade caused on promotion of Sri Arjun Prasad, and thus the appointment was illegal.