RAGHUVENDRA BABU MISRA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) O. P. Garg, J. Counter and rejoinder-affidavits have been filed. Heard Sri V. S. Dwivedi, learned Counsel for the petitioner and the learned Standing Coun sel on behalf of the respondent No. 1.

(2.) IN the short term leave vacancy, which had arisen on account of proceeding on leave by one Sri Ramanand Misra, who was a Lecturer in Physics in Gandhi Vidya Mandir INter College, Fatehpur (Etah), the petitioner Raghuvendra Babu Misra was appointed on 15-7-1989 under the provisions of U. P. Secondary Education Service Commission (Removal of Dif ficulties) (Second) Order, 1981. The ap pointment of the petitioner was duly ap proved by the District INspector of Schools (for short 'digs') on 16-9-1989. The petitioner was paid the salary and he continued to work. On 17-1-94, the petitioner received a letter from the Manager of the institution stating there in that the leave of Sri Ramanand Misra was going to be over on 31-1-1994, and, there fore, the petitioner shall be relieved from the post in case Sri Ramanand Misra joins.

(3.) THE Full Bench rejected the con tention raised on behalf of the respon dents that such an appointee (in short term vacancy) is entitled to continue in the post (substantive vacancy) till a candidate selected by the Commission/board joins the post. In view of the decision of the Full Bench in the case of Smt. Pramila Misra (supra), the petitioner ceased to work on the post of Lecturer in Physics on 8-2-1990 on which date Sri Ramanand Misra who had gone on leave was finally absorbed and confirmed on the post of Head Master in another institution.