MANJOO MOHAN SHUKLA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This petition is directed against an order dated 4.7.2002 by which the claim of the petitioner for payment of salary has been rejected.

(3.) Pandit Beni Singh Bharat Inter College, Bari Bheetar Gaon, District Kanpur Nagar is a duly recognized and aided institution. One Shiv Kumar Singh a L.T. Grade Games Teacher retired on 30.6.1990 causing a substantive vacancy on the post. It is alleged that as the Commission was not making any appointment on the post, the Management advertised it on its notice board and appointed the petitioner on adhoc basis vide order dated 28.12.1991, in pursuance of which, the petitioner joined. The entire papers were sent to the District Inspector of Schools on 30.12.1991 for financial approval. However, no action was taken by the District Inspector of Schools and in the meantime one Jitendra Singh claiming his appointment on the said post preferred writ petition No. 14041 of 1993 for payment of salary. This petition after exchange of pleadings, was dismissed on 30.7.1997 holding that the appointment of one Ramji had been approved on the said post by the District Inspector of Schools on 5.1.1993. The petitioner claiming his appointment filed writ petition No. 2491 of 1999 which was finally disposed off vide order dated 9.2.1999 by which the respondents were directed to decide the representation of the petitioner. But since the representation was not decided, he filed yet another writ petition No. 38140 of 2000 wherein an order was passed on 29.8.2000 directing the respondents to pass orders on the representation of the petitioner. In compliance of the said order, the claim has been rejected by the impugned order on the ground that the Management had absolutely no power to make any appointment on a substantive vacancy especially when the post was not advertised in two daily newspapers.