SHARDA PRASAD VERMA AND ANOTHER Vs. STATE OF U.P. THROUGH SECRETARY, EDUCATION DEPARTMENT, COUNCIL HOUSE, LUCKNOW AND OTHERS

JUDGEMENT

(1.) All these Writ Petitions raise common question of fact and law and are taken up to be disposed of together.

(2.) The petitioners were appointed as teachers in the various institutions by the Management Committees thereof on ad hoc basis under the provisions of the U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981 as modified from time to time. There is no averment in the writ petition that these appointments were made in accordance with the provisions of paragraph 2 read with Paragraph 5 of the Removal of Difficulties Order. In other words none of these appointments was made on the basis of quality point marks as provided in Paragraphs 2 and 5, read with appendix to the Removal of Difficulties Order.

(3.) Duration of ad hoc appointments as per the order of appointment initially was for a period of six months from the date of the appointment or when the candidate recommended by the Commission or the Boards joins the post, whichever earlier. Through amendment made under the Third Removal of Difficulties Order it was provided that every appointment of an ad hoc teacher under Paragraph 2 shall cease to have effect when a candidate recommended by the Commission or Boards, as the case may be, joins the post This means that irrespective of the terms of the appointment under the order of appointment an ad hoc appointed has a right to continue for so long as a candidate selected by the Commission or Boards, as the case may be, joins the post.