RISHI SAHAY PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Counsel for the petitioner and learned Standing Counsel who appeared on behalf of the State authorities and Sri Manish Dev Singh, learned Advocate who appeared on behalf of the Management.

(2.) By means of this writ petition, petitioner has prayed for issuance of writ in the nature of mandamus commanding the respondents to treat the petitioner as validly and legally appointed teacher in L.T. grade of Kashiraj Mahavidyalaya Inter College, Aurai, district Bhadohi (now Sant Ravi Das Nagar) (hereinafter referred to as the institution) and not to interfere in his working. There is a further prayer that respondents be further directed to pay salary from the date of initial appointment i.e. 4.9.1995 and the current salary month to month.

(3.) Submission of the learned Counsel for the petitioner is that one Rajeshwar Tiwari working as Lecturer in the institution retired on 30.6.1995 upon which one Girija Prasad Tiwari, L.T grade teacher was given ad-hoc promotion on the post of Lecturer. It is submitted that on account of ad hoc promotion of Girija Prasad Tiwari referred above a short-term vacancy arose in the L.T. grade for which advertisement was published on 27.9.1995 in the daily newspaper having wide circulation in the area namely Bharat Doot and Sanmarg. Vacancy was also notified to the Employment Exchange. Thereafter on 21-8-1995 Management after considering the claim of various applicants found the petitioner to be most suitable and thus resolved to select/appoint the petitioner and the papers were forwarded to the District Inspector of Schools and as no decision was communicated, petitioner was given appointment letter on 2.9.1995, pursuant to which he joined on 4.9.1995 and since then he is continuously working. As petitioner was not paid his salary he made representation to the District Inspector of Schools in this respect. As no heed was paid petitioner was compelled to file this writ petition. Submission is that on the aforesaid facts petitioner is entitled to be treated as validly appointed teacher and he is to get his salary since the date he joined.