SWADESH MISHRA Vs. D I O S FIROZABAD

JUDGEMENT

(1.) B. S. Chanhan, J. The instant petition is an example which shows how the people consider the State exchequer as a bounty and stake their claim for having a share in the loot. The petitioner joined as Assis tant Teacher in Sri T. B. Inter College, Firozabad with effect from 1-2-1989 and the appointment of the petitioner as Assistant Teacher was approved by the respondent, D. I. O. S. Firozabad. A substantive post of Lecturer in Chemistry became vacant on 10-5-1990 as the incumbent on the post attained the age of superannuation. The petitioner was promoted on the said post of Lecturer in Chemistry on 16-7-1990, but the petitioner was not paid the salary in the Lecturer Grade and a dispute was raised regarding the promotion of the petitioner by Sri Anil Kumar Sharma. Thus, the matter was adjudicated upon by the Regional Deputy Director of Educa tion, Agra, who decided the dispute vide judgment and order dated 25th July, 1994 (Annexure-3 to the writ petition ). The Regional Deputy Director of Education, Agra, vide the said judgment and order held that the petitioner was appointed in C. T. Grade with effect from 1-2- 1989 and his promotion/appointment in the Lecturer Grade in Chemistry is justified and further directed the respondent, D. I. O. S. to approve the promotion/appointment of the petitioner with effect from 16-7- 1990. The aforesaid order dated 25-7-1994 was not complied with by the respondent, D. I. O. S. and, thus the instant petition was filed for ensuring the compliance of the said order dated 25-7-1994 and for further direction of the payment of entire arrears of salary so the petitioner with effect from 1-7-1990.

(2.) ACCORDING to the provisions of Section 18 of the U. P. Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter called the Act), the appointment of ad hoc teachers is permissible, by following a particular procedure. The ad hoc appointment can be made either by direct recruitment or by promotion. The preferential right is to fill up the vacancy by promoting the senior most teacher who is eligible in consonance of the provision of Rule 9 of the U. P. Secondary Education Services Commission Rules, 1983, which provides for the promotion of a teacher working in C. T. Grade, possessing the minimum qualification in the concerned subject and at least having five years continuous service as a teacher on the date of occurrence of vacancy. In the instant case the peti tioner was appointed in C. T. Grade with effect from 1-2-1989. The vacancy became available on 10-5-1990. Thus, the petitioner was hardly having an experience of only one year and three months and in view of the provisions of the aforesaid Rule 9 the petitioner was not eligible to fall within the zone of consideration for promotion on the said post. Thus, even by no means of imagination it can be held that the petitioner would have been promoted or his occupancy of the post of Lecturer in Chemistry cant be termed by promotion.

(3.) SIMILARLY, in the case of S. P. Changalvaraya Naidu v. Jagannath, 1994 (1) SCC 1, the Supreme Court observed as under : "the Courts of law meant for imparting of justice between the par ties. One who comes to the Court, must come with clean hands. We are constrained to say that more often than not, process of the Court is being abused. Property grabbers, tax evaders, bank loan dodgers and other unscrupulous persons from all walks of life find the court process a convenient lever to retain the illegal gains indefinitely. We have no hesitation to say that a person, who's case is biased on falsehood, has no right to approach the Court.