RISHI PAL Vs. DISTRICT INSPECTOR OF SCHOOL HARIDWAR

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 / 227 of the Constitution of India, the petitioner has sought direction setting aside order dated 08-04-2003, passed by the respondent No. 3, Principal of Kishan Vidyalaya Inter College, Laksar, District Haridwar (hereinafter referred as the College), whereby the services of the petitioner were terminated under Section 16-G read with Regulations 25 of Regulations framed under the U. P Intermediate Edu cation Act, 1921.

(2.) HEARD learned counsel for the parties and perused the record.

(3.) IN the counter affidavit filed on behalf of respondent No. 3 i. e. the Prin cipal of the College, it is stated that the petitioner's appointment was totally tem porary and ad hoc, and he has no right to continue on the post. Stating the same fact, as stated in the counter affi davit of respondent Nos. 1 and 2, re spondent No. 3 also stated that the pe titioner was actually appointed in the pay scale of Rs. 1350 - 2040, which was a C. T. Scale and not the L. T. Scale (Rs. 1400 - 2300 ). It is further stated in the counter affidavit of the Principal of the College (respondent No. 3) that the pe titioner's work was never found up to the mark, as he indulged in acts of indiscipline, time and again. It is also stated that termination order of the pe titioner was, infact, consequence of re version of Jaydhwaj Kumar (who was earlier promoted in L. T. Grade) back to his original post. Clarifying the same, it is stated in the counter affidavit of re spondent No. 3, that the vacancy avail able to the petitioner was not a substan tive vacancy, rather it was a 'falit RIKTI' (resultant vacancy ).