RAMESH SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri S.P. Rai, Advocate for petitioner, learned Standing Counsel for Respondents-1 and 2 and perused the record.

(2.) Dugdheswar Nagar Intermediate College, Rudrapur, Deoria (hereinafter referred to as "College") is a Secondary Education Institution governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act, 1921"). For the purpose of payment of salary of teaching and non-teaching staff it is governed by the provisions of Uttar Pradesh High Schools and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act , 1971 (hereinafter referred to as "Act, 1971") and for recruitment of Teaching staff it is governed by the provisions of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the "Act, 1982").

(3.) It is stated that a short term vacancy on the post of Assistant Teacher due to ad hoc promotion of Sri Chandra Shekhar Pandey as Lecturer (Hindi) occurred. Sri Chandra Shekhar Pandey was promoted as Lecturer (Hindi) on ad hoc basis due to retirement of Sri Paras Nath Tiwari on 30.06.1989. Since short term vacancy of Assistant Teacher (L.T. Grade) caused due to ad hoc promotion of Sri Chandra Shekhar Pandey, the same was to be filled in by following the procedure prescribed under Section 18 of Act, 1982 read with Clause 2 of U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as the "Second Order"). However, management did not follow the said procedure and vide resolution dated 25.05.1991 appointed petitioner as Assistant Teacher (L.T. Grade). Copy of appointment letter is Annexure-2 to writ petition. Thereafter Principal of College sent papers to District Inspector of Schools (hereinafter referred to as "DIOS") for approval on 30.08.1991 but the said approval has not been granted, hence this writ petition. Petitioner has sought a mandamus commanding DIOS to grant approval to his appointment and pay salary.