RAM PRAKASH SHARMA Vs. JOINT DIRECTOR F EDUCATION

JUDGEMENT

(1.) Facts giving rise to this writ petition are as follows: Petitioner Ram Prakash Sharma and private respondent Raja Ram Yadav are Assistant Teachers, appointed in L.T. Grade in Jan Kalyan Inter College, Dalvali, Aligarh (hereinafter referred as the Institution). The Institution is recognized and aided under the provisions of Intermediate Education Act, 1921. The provisions of the U.P Act No. 24 of 1971 and those of the U.P. Secondary Education Services Selection, 1982 are fully applicable to the Teachers to the said Institution.

(2.) One Sri Lalji Singh Verma, who was permanent Principal of the Institution retired on 30.6.1992. The Senior most Teacher, namely, Munshi Lal Verma, Lecturer in Hindi, was granted ad hoc promotion as Principal of the Institution against the vacancy so caused. Accordingly, a short term vacancy came into existence on the post of Lecturer Hindi. At the relevant point of time petitioner was senior most Teacher possessed of the prescribed qualification in the institution. He was granted ad hoc promotion on 6.7.1997 as Lecturer Hindi The ad hoc promotion of the petitioner was approved by D.I.O.S. on 29.12.1992.

(3.) Munshi Lal Verma retired on 30.6.2001, as a consequence thereto the vacancy on the post of Lecturer Hindi, which was short term initially, stood converted into substantive vacancy. In view of the Division Bench judgment of this Court reported in Surendra Kumar Srivastava v. State of U.P. and others. Reported in 2007 (1) ESC 118, the appointment offered to the writ petitioner on ad hoc basis against short term vacancy came to an automatic end.