KUSUM AGARWAL Vs. UMA RANI MISRA

JUDGEMENT

(1.) These two special appeals have been filed against the Judgment of learned single Judge dated 20.9.1996 passed in Writ Petition Nos. 3707 (S/S) of 1992 and 3746 (S/S) of 1993 by a common judgment.

(2.) The facts of the case, in brief. are as under : The Principal of the Vedic Kanya Pathshala Inter College, Lucknow. Smt. Prem Lata Srivastava retired with effect from 1.7.1987 and the senior most Lecturer of the college Smt. Vimla Tandon, was promoted as Principal of the college on ad hoc basis. Consequently, the post of permanent Lecturer in History, on which Smt. Vimla Tandon was teaching fell vacant. This was a short term vacancy because Smt. Vimla Tandon was promoted on the post of Principal of the college only on ad hoc basis and she continued to retain her Hen on the post of Lecturer History. On 22.1.1988 the short-term vacancy of the post of Lecturer (History) was advertised. The appellant Smt. Kusum Agarwal, the petitioner-respondent, Smt. Uma Rani Misra, one Smt. Munni Mehrotra and others applied for the said post. On 19.3.1988 interviews were held. Smt. Munni Mehrotra was selected at serial No. 1 and she was recommended by the Regional Inspectress of Girls Schools (in short RIGS) on 6.4.1988 for being appointed against the said short term vacancy of Lecturer (History) in the college. Smt. Munni Mehrotra died on 28.4.1988 before she could join the said post. Thereafter Smt. Uma Rani Mlsra, the petitioner-respondent who is placed at serial No. 2 in the select list was offered appointment by the Committee of Management of the College on the said post on 21.5.1988 subject to the approval by RIGS. The RIGS accorded its approval on 22.6.1988 with the condition that the appointment of Smt. Uma Rani Misra shall continue till a duly selected candidate Joins the post or Smt. Vimla Tandon reverts back to the post or till the post becomes substantive, whichever is earlier. Smt. Uma Rani Mlsra, respondent No. 1 Joined the post on 1.7.1988 and started teaching the subject of History to Classes IX, X. XI and XII in the said college. Thereafter the ad hoc appointment of Smt. Vimla Tandon was regularised on the post of Principal of the college under Section 33A (1-A) of U.P. Act 26 of 1991 with effect from 6.4.1991 and thereafter she superannuated with effect from 30.6.1992. At this juncture the Management of the College issued a letter dated 30.5.1992 to Smt. Uma Rani Misra that since the substantive vacancy on which she was working has fallen vacant in terms of the letter of approval of the RIGS dated 22.6.1988. she will not be treated to hold the said post as lawful with effect from 1.7.1992. Aggrieved by the said letter dated 30.5.1992, Smt. Uma Rani Misra, respondent No. I filed Writ Petition No. 3707 (S/S) of 1992 praying for quashing the said letter dated 3.5.1992, inter alia, on the ground that she was validly and legally appointed under the provisions of Removal of Difficulties (Second) Order, 1981. and since the services of Smt. Vimla Tandon, the ad hoc Principal, became permanent and regular with effect from 6.4.1991, therefore, her appointment be treated to be against the said substantive vacancy and she he regularised under Section 33B of the Commission Act, as amended. Learned single Judge of this Court passed an interim order on 20.6.1992 in the said writ petition to the effect that until further orders or the availability of the regularly selected teacher through Commission, whichever be earlier, the respondent No. 1 Smt. Uma Rani Misra, will be allowed to continue on the post held by her at that time. In the meantime on 16.6.1992 the Committee of Management of the college passed a resolution converting the post in question as promotional post and promoting Smt. Kusum Agarwal, a teacher in the college, on the said post. The said resolution was sent to the Commission for approval and the Commission accorded its approval to the promotion of Smt. Kusum Agarwal on 17.8.1993.

(3.) Smt. Kusum Agarwal, the appellant, moved an application for being impleaded in the said writ petition and the Court vide orders dated 14.10.1992 allowed her to be impleaded as respondent in the writ petition. The appellant, Smt. Kusum Agarwal, filed a counter-affidavit in the writ petition stating therein that the post held by her fell in promotional quota and the appointment of Smt. Uma Rani Misra, directly on ad hoc basis against the short term vacancy was wholly illegal. It was further stated that even otherwise the appointment of Smt. Uma Rani Misra being against short term vacancy it came to an end on 30.6.1992 in terms of the letter of appointment dated 17.5.1988 and the conditional approval by the RIGS dated 22.6.1988. Smt. Uma Rani Misra, respondent on learning about the resolution of the Committee of Management of the college dated 16.6.1992 recommending promotion, of Smt. Kusum Agarwal to the post of Lecturer in History against which she (Smt. Uma Misra) was working, moved an application for amendment praying for quashing the said resolution. The said amendment application was allowed.