SHRI NATH SAHAI Vs. DEVENDRANATH DWIVEDI AND OTHERS

JUDGEMENT

(1.) HEARD Dr. H.N. Tripathi, learned Counsel for the appellant, Sri H.N. Pandey, for respondent No. 1, Sri A.K. Dwivedi for respon­dent No. 5 and learned Standing Counsel.

(2.) THIS is an special appeal against the judgment and order dated 23rd July, 2008 by which order the learned Single Judge has disposed of the writ petition with the direction that a lecturer appointed as Ad-hoc/Officiating Principal can continue as such only till he reaches the age of superannuation. Such a teacher cannot continue as Ad-hoc Principal subsequent to his date of superannuation, i.e., the period during which extension of service is granted in his favour. The appellant, who was respondent No. 5 to the writ petition, feeling aggrieved against the judgment and order dated 23rd July, 2008 has filed this appeal.

(3.) THE appellant/respondent No. 5 claims to have been working as officiating Principal since 1st July, 2006. The District Inspector of Schools asked for guid­ance from the Director of Education (Madhyamik) as to whether in consequence to the Government order dated 17th June, 2008, the appellant shall continue as ad-hoc Principal or not. The Director of Education wrote a letter dated 7th July, 2008 to the District Inspector of Schools stating that since the appellant has been working as ad-hoc Principal since 1st July, 2006 due to extension in service; he shall be given the same benefit which he was getting prior to extension.