ARVIND MISHRA Vs. DY DIRECTOR OF EDUCATION GORAKHPUR

JUDGEMENT

(1.) D. K. Seth. J. The petitioners claim to have been appointed in short term vacan cies pursuant to U. P. Secondary Education Service Commission (Removal of Difficul ties) (Second) Order, 1981. They made a representation for payment of their salary on account of such ad hoc appointment but the same was turned down by the District Inspector of Schools, Deoria, by his order dated 20. 6. 1996 (Annexure-8) to the writ petition. It is against this order the present writ petition has been filed.

(2.) SRI O. K. Singh, learned counsel ap pearing on behalf of the petitioners con tends that in the said order the petitioners case was rejected on the ground that para-5 of U. P. Secondary Education Services Com mission (Removal of Difficulties) (Second) Order, 1981 was not complied with. Accord ing to him the said 1981 Order being the first order contemplates only appointment against permanent vacancies, as it stood after the Second 1981 Order was promul gated. Admittedly the petitioners were appointed in short term vacancies and such vacancies cannot be governed by para-5 of 1st Order of 1981.

(3.) BY reason of para-5 of the Second Order para-2 of the First Order stood replaced. Para-2 of the 1st order is, there fore, to be read after the promulgation of the Second Order as follows: " 5. Substitution of paragraph 2 of the (First) Removal of Difficulties Order,1981.-ID the First Removal of Difficulties Order, 1981 for para-graph-2 the following paragraph shall be sub stituted, namely'- "2-The management of an institution may appoint by promotion or by direct recruitment a teacher on purely ad hoc basis in accordance with the provisions of this Order in the case of a sub stantive vacancy caused by death, retirement, resignation or otherwise. "