RAM KRIPAL SHARMA Vs. D I O S

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner is claiming salary for the month of September 1997 and onwards for the post of Assistant Teacher in L. T grade m Maharana Prata Inter College, City and District Gorakhpur.

(2.) THE version of the petitioner is that a substantive vacancy of the post of lecturer in Biology came into existence on account of retirement of the permanent Lecturer in Biology in the institution. Sri Baud Math Yadav, who was a permanent Assistant Teacher in L. T. Grade, was granted ad hoc promotion to the post of Lecturer. As a consequence of grant of ad hoc promotion to Baud Nath Yadav a short term vacancy came into existence in L. T. Grade for Biology Teacher. THE Committee of Management of the institution advertised the post for filling the short term vacancy of the post of Assistant Teacher in L. T. Grade for teaching Biology subject. THE petitioner applied for appointment. He was selected. THE Committee of Management passed resolution on 5-12-1993 to appoint the petitioner on the said post and forwarded the papers to the District Inspector of Schools for according approval of the appointment. THE Management of the institution permitted the petitioner to join the institution on 3-2- 1994 and the District Inspector of Schools, Gakhpur accorded approval of the appointment of the petitioner by means of order dated 4-7-1994. THE petitioner has been paid monthly salary regularly from June, 1994 till the month of August, 1997. THE petitioner has not been paid salary for the month of September, 1997. An objection was raised on behalf of respondent No. 2 that the short term vacancy of the petitioner ceased when the U. P. Secondary Education Service Commission approved the promotion of Baud Nath Yadav.

(3.) THE second submission of the learned Counsel for the petitioner is that the promotion of Baud Nath Yadav to the post of Lecturer in the institution shall be treated on probation for one year and the period of one year having not expired, the short term vacancy on the post of Assistant Teacher in L. T. Grade continues. He relies upon Regulation 7 of Chapter III of the Regulations framed under the U. P. Intermediate Education Act, 1921 which provides that a person selected for substantive appointment against a clear vacancy shall be placed on probation from the date of joining duties. Regulation 8 provides that the period of probation shall be one year. Regulation 11 provide that unless before expiry of the period of probation, the service of a Headmaster, Principal or a teacher is terminated or action is taken to dismiss, discharge or remove him or reduce him in rank or in the case of Headmaster or Principal the period of probation is extended under Regulation 12, he shall be confirmed on the post and in the grade at the end of his probation. THE services of a teacher working on probation cannot be terminated except with prior approval of the District Inspector of Schools as provided under Section 16- G (3) of U. P. Intermediate Education Act, 1921 vide Govind Saran Aeron v. Deputy Director of Education, III Region, Bareilfy and others, 1983 UPLBEC 307.