DISTRICT INSPECTOR OF SCHOOLS Vs. SHOBHA RAM DHIMAN

JUDGEMENT

(1.) These two special appeals have been filed assailing a common judgment in a writ petition filed by the respondent no. 1 claiming continuance and payment of salary as an Assistant Teacher in the LT Grade in Public Higher Secondary School, Sampla Begumpur, District-Saharanpur which is an Institution recognized and governed by the provisions of the UP Intermediate Education Act, 1921 and the Regulations framed thereunder. Selections, appointments and related matters of teachers in recognized and aided institutions are governed by the provisions of the U.P. Secondary Education Selection Board Act, 1982 and the Rules and Regulations framed thereunder coupled with the Removal of Difficulties Orders enforced from time to time. The power of the management to make appointments including that on adhoc basis came to be discussed and considered in detail in the Full Bench decision of our Court in the case of?Radha Raizada Vs. U.P. Secondary Education Services Selection Board & Others reported in 1994 (2) ESC 345. For appointment against a leave vacancy on short term basis, the U.P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981, Clause 2(b) and (c) were enforced w.e.f. 31.07.1981 (First Removal of Difficulties Order, 1981) that came to be deleted and substituted by Clause-5 thereof. Resultantly, the State came up with the Removal of Difficulties Second Order, 1981 Clause-2 whereof prescribed the entire procedure of appointment on short term basis against a leave vacancy or against a vacancy due to suspension of teacher. The legislative history has been traced in the above noted decision and again by another Full Bench in the case of?Smt. Pramila Misra Vs. Deputy Director Education Jhansi 1997 (2) ESC 1284. A learned Single Judge has also, quoting the above provisions, dealt with the same in the case of?Arvind Mishra & Others Vs. Deputy Director Education, Gorakhpur & Others reported in 1996 (3) ESC 574.

(2.) The appointment in the said Institution was claimed by the respondent no. 1 against a leave vacancy on account of one Subhash Singh, a teacher in the said Institution proceeding on long leave from 28.09.1992 to 28.09.1994.

(3.) The respondent no. 1 is stated to have applied against an advertisement that was published by the Management on 1st Feb., 1993 and upon being selected, a letter of appointment was issued by the Prabandh Sanchalak (Authorized Controller / Administrator) functioning in place of the Committee of Management that had been superceded. The said Prabandh Sanchalak was an Associate District Inspector of Schools, Sri Raj Kumar Sharma who is stated to have issued a letter of appointment to the respondent no. 1 on the April, 1993. The respondent no. 1 is stated to have joined in the Institution on 24th April, 1993 whereupon the Prabandh Sanchalak intimated the District Inspector of Schools about the same with a request for grant of approval to the appointment of the first respondent. The Accounts Officer attached to the office of the District Inspector of Schools who is the authority competent to disburse salary in terms of The U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 passed an order on 30th June, 1993 granting financial sanction to the said appointment of the respondent no. 1 with a request to the District Inspector of Schools to approve the same. A copy of the said order was sent to the Principal of the Institution to prepare and send the salary bill of the respondent no. 1 after approval by the District Inspector of Schools.