SAROJ KUMARI Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) HEARD learned Counsel for the parties. It is not in dispute that the institution in question is Government aided and the petitioner was appointed as LT grade teacher against the short term vacancy on ad -hoc basis by the Committee of Management of the institution. The said vacancy occurred on account of promotion of one LT grade teacher who has been promoted on ad -hoc basis on the post of Lecturer, The Committee of Management after holding selection has sent papers to the District Inspector of Schools, Mirzapur on 30.12.1997 but the District Inspector of Schools, Mirzapur has disapproved the appointment of petitioner vide order dated 21.1.1998 by making reference to a Government notification dated 8.5.1995 holding that the Committee of Management of the institution has no power to hold the selection for direct appointment on the post of Assistant Teacher on ad -hoc basis in such institution. The petitioner has challenged the aforesaid order passed by the District Inspector of Schools, Mirzapur by filing Writ Petition No. 21852 of 1999 (Dr. (Smt.) Saroj Kumari v. District Inspector of Schools, Mirzapur and Ors. This Court vide judgment and order dated 4.8.1999 held that against short term vacancy the Committee of Management of the institution was empowered to hold selection and appoint a teacher on ad -hoc basis and the matter of taking final decision with regard to the approval of appointment and payment of salary to petitioner has been remitted back to the District Inspector of Schools, Mirzapur. In pursuance thereof the District Inspector of Schools, Mirzapur has again passed the similar order holding that the Committee of Management of the institution has no jurisdiction to hold selection for direct appointment of the petitioner on ad -hoc basis as Assistant Teacher in the institution against a short term vacancy. The view taken by the District Inspector of Schools, Mirzapur appears to be misconceived for the reason that he could not take difference in short term vacancy and substantive vacancy while arriving the aforesaid conclusion. It is no doubt true that against the substantive vacancy of teacher for direct appointment, the Committee of Management has no power to hold selection, the power to hold selection lies under Section 18 of the U.P. Education Secondary Service Selection Board Act, 1982 initially with the District Inspector of Schools, Mirzapur and as amended subsequently under Section 18 of the Ad, with the Regional joint Director of Education but so far as the power in respect of holding selection for direct appointment on ad -hoc basis, against short term vacancy is concerned, under the provisions of Removal of Difficulties Older, 1981, the committee of Management of the institution still have power to hold selection and appointment under the provisions of Removal of Difficulties (Second) Order, 1981 until the same was cancelled on 25.1.1999. Since the petitioners appointment was undispuledly made earlier to the aforesaid date of cancellation of Second Removal of Difficulties Order, 1981, therefore, the satin cannot be faulted with. In my considered opinion, the order of the District Inspector of Schools, Mirzapur contrary to the above observation cannot be sustained and is liable to be quashed. Therefore, the impugned order dated 3.11.2000 passed by the District Inspector of Schools, Mirzapur is hereby quashed.

(2.) THE District Inspector of Schools, Mirzapur is directed to make payment of salary to the petitioner by approving her appointment from the date since she has joined the post of concerned institution as the papers were sent to him by the Committee of Management of the institution i.e. on 30.12.1997. The arrears of salary shall be paid to the petitioner within a period of three months from today and the respondent shall continue to pay her salary as and when it becomes due to her in future until her services has been terminated in accordance with the provisions of law. While making payment of arrears of salary to the petitioner, the District Inspector of Schools, Mirzapur is directed to verify the matter from staff attendance register of the institution. In case it is found that since the date of joining the petitioner is still continuously working on the post in that event of the matter the petitioner shall be paid full regular monthly salary during the period under which she has actually worked in the institution in pursuance of the aforesaid selection and her appointment in the institution. Writ petition stands allowed.