RAM KRIPAL SHARMA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) The petitioner is claiming salary for the month of September, 1997 and onwards for the post of Assistant Teacher in L.T. grade in Maharana Pratap 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 Nath 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, Gorakhpur 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 contention of the learned Counsel for the petitioner is that U.P. Secondary Education Service Commission has selected Sri Baud Nath Yadav for granting regular promotion on 28.1.1997. His promotion should be treated for a period of one year which would expire on 27.1.1998 and secondly, if his promotion is taken to have been confirmed, the petitioner shall be treated as having been appointed on substantive vacancy. This argument is based on Regulation 9-A of Chapter II of the Regulations framed under the U.P. Intermediate Education Act which reads as under :