SHAILENDRA KUMAR Vs. DISTT INSPECTOR OF SCHOOLS VARANASL

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioner seeks writ of mandamus commanding the ( respondents to pay salary to the petitioner even after 14th May, 1997 treating him to be continuing in service as Assistant Teacher in L. T. grade.

(2.) THE version of the petitioner is the a short term vacancy occurred on account of leave taken by one Ram Charitra Singh on 19-12-1996 who was functioning as Assistant Teacher in L. T. grade in Man; Mana Malviya Inter College, Bachchhaon Varanasi (hereinafter referred to as the institution ).

(3.) LEARNED counsel for the petitioner has placed reliance upon the decision Km. Meena Singh v. District Inspector of Schools, Jaunpur and another, 1994 (3) UPLBEC 1653, where in it was held that where a teacher has been duly appointed against short term vacancy under Para 2 of the Second Removal of Difficulties Order, 1981, would be entitled to continue even after the vacancy is converted into a sub stantive one by reason of resignation, retirement, death or otherwise till such time as a candidate selected for regular appointment turns up to join the post held by ad hoc appointee unless his services are terminated earlier on grounds connected with misconduct, unsuitability or bona fide abolition of post.