RATNAKAR CHAUBEY Vs. DISTRICT INSEPCTOR OF SCHOOLS VARANASI

JUDGEMENT

(1.) TARUN Agarwala, J. Heard Sri V. K. Singh, the learned Counsel for the petitioner and Sri D. S. M. Tripathi, the learned Counsel for respondent No. 3 and the Standing Counsel for respondent No. 1. Inspite of service of the summons on respondent No. 2, the said respondent has neither appeared nor filed any counter-affidavit.

(2.) IN the institution known as Sri Sankat Mochan Higher Secondary School, Singhpur, Sarnath, Varanasi, one Lalji Pandey was promoted as L. T. grade teacher. Consequently, on account of his promotion, the post of C. T. grade teacher fell vacant. It is alleged that the post was advertised and thereafter, the committee of management after considering the applications, resolved to appoint the petitioner on an ad hoc basis as a C. T. grade teacher. It is relevant to mention here that the petitioner was already working as an Assistant Clerk in the same institution. The resolution of the committee of management as well as his appointment letter and other papers were forwarded to the District INspector of Schools, who by an order dated 17-11- 1984, granted limited approval to the petitioner for being appointed as an ad hoc C. T. grade teacher, subject to the condition that if the original incumbent, namely, Lalji Pandey joins the said post or the post was filled up by a regular candidate appointed by the Commission in that eventuality, the appointment of the petitioner would come to an end. Subsequently, the District INspector of Schools, by an order dated 10-12-1985, passed an order approving the appointment of the petitioner as an ad hoc C. T. grade teacher till 30-6-1986. The approval was not extended thereafter. The petitioner alleged that he continued to work as a C. T. grade teacher and since his salary was not being paid he filed a writ petition No. 15176 of 1987 for a writ of mandamus directing the authorities to treat him as a C. T. grade teacher beyond 30-6-1986 and further prayed for a writ of mandamus commanding the respondents to pay him the salary. For facility, the prayer made by the petitioner in the said writ petition is quoted herein under : " (i) issue a writ of mandamus, order or direction in the nature of mandamus directing the respondents to treat the petitioner No. 1 to be continuing as C. T. grade teacher in the institution beyond 30th of June, 1986 and to continue paying him salary with arrears on that account as C. T. grade teacher in the institution till a permanent incumbent on the post joins. (ii) issue a writ of mandamus, order or direction in the nature of mandamus directing the respondents to make payment of salary to the petitioner No. 2 as Clerk of the institution beyond 30th June, 1986 and to continue paying the same till a permanent incumbent on the post joins. (iii) issue such other and further writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case, so that justice be done. " IN the said writ petition, the petitioner categorically asserted that he was discharging his duties as a C. T. grade teacher. On the basis of the averments made in the writ petition, the Court passed an interim order dated 23-11-1987 directing that the services of the petitioner would not be dispensed with and that the authorities were further directed to pay his salary. The interim order dated 23-11-1987 is quoted herein under : "issue notice. Meanwhile the services of the petitioner shall not be dispensed with and further they shall be paid salary as and when it falls due, till a duly selected candidate or any reserve pool teacher becomes available for appointment on the said post or the return of the incumbent to that post or services of the petitioner are terminated in accordance with law whichever is earlier. "

(3.) ON the basis of the interim order dated 23-11-1987, the District Inspector of Schools passed an order dated 5-12-2007 permitting the petitioner to continue till regular appointments was made by the Commission. The District Inspector of Schools, by the same order also rejected the resolution of the committee of management for appointment of respondent No. 3 Sri R. K. Verma on the post of C. T. grade teacher who, in the meanwhile, was appointed by a resolution of the committee of the management dated 10-7-1986.