VIJAY KUMAR PANDEY Vs. DIOS

JUDGEMENT

(1.) We had heard Sri Ashok Khare, Senior Counsel appearing for the petitioner-appellant, learned Standing Counsel for respondent No.1 and Sri Indra Raj Singh, learned counsel for the management of the College concerned. The petitioner-appellant has preferred this intra court appeal against the judgment and order dated 4.7.2014 passed by the Writ Court dismissing the writ petition as filed by him.

(2.) The petitioner-appellant claimed to have been appointed on the post of Assistant Teacher (C.T. Grade) on a short term vacancy at the Inter College, Newarhia, district Jaunpur (hereinafter referred to as the 'College'). He had invoked the writ jurisdiction of the Court as he was not paid salary for seeking a direction for the payment of salary on month to month basis and for arrears.

(3.) The Writ Court held that the short term vacancy was required to be filled up in accordance with the procedure prescribed by the U.P. Secondary Education Service Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as the "Second Order") and since the appointment of the petitioner-appellant was inconsistent with the procedure prescribed therein it is void ab initio and the petitioner-appellant is not entitled to claim salary from the State exchequer.