OM PRAKASH AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) ALL these appeals arise out of a common judgment dated 16.4.2009, passed in Civil Misc. Writ Petition No. 60991 of 2006, Civil Misc. Writ Petition No. 54934 of 2006 and Civil Misc. Writ Petition No. 44499 of 2007 and as such they were heard together and are being disposed of by this order.

(2.) SHORN of unnecessary details, the facts giving rise to these appeals are that Om Prakash Awasthi-writ petitioner-appel1ant (hereinafter referred to as 'the appellant') offered his candidature for appointment as Assistant Teacher on ad hoc basis in C.A.S. Intermediate College, Fareedpur, Bareilly (hereinafter referred to as 'the College') in response to an advertisement dated 8th of June, 1998 as provided under U. P. Secondary Education Service Selection Board Act, 1982. He was appointed on 6th of July, 1998 as L.T. grade teacher in English on purely ad hoc basis till a regularly selected candidate joins the said post in the College. The Committee of Management of the College (hereinafter referred to as 'the Management') sent requisition on 6th of December, 2005 for filling up seven posts of Assistant Teacher in L.T. grade including three vacancies of Assistant Teacher in English in the said grade. The U. P. Secondary Education (Service Selection Board (hereinafter referred to as 'the Selection Board') instead of advertising three posts of Assistant Teacher in English in the above grade, advertised only one post and Pramod Kumar Singh was recommended by the Selection Board for appointment. The District Inspector of Schools vide letter dated 8th of September, 2006 directed the Management to appoint Pramod Kumar Singh as Assistant Teacher in the College and accordingly Pramod Kumar Singh was appointed.

(3.) THE appellant, Om Prakash Awasthi, after the aforesaid order dated 8th of November, 2006 was permitted to rejoin the College nearly after a lapse of one year vide order dated lst of August, 2007.