SMT. VIMLA LODHA Vs. VIKLANG KALYAN SAMITI

JUDGEMENT

(1.) The special appeal has been filed against the order of the learned Single Judge dated Jan. 5, 1993 by which he has disposed of the writ petition of the appellant with the observation that in case regular selection has taken place and selected incumbent is appointed, the services of the petitioner can be terminated. The facts of the case giving rise to this special appeal may be summarised thus.

(2.) By its order dated Aug. 2, 1990 (Annexure 1), the respondent No. 1 appointed the petitioner-appellant who is M.A.B.Ed. as a Third Grade Teacher in the pay scale of Rs. 1200-2050 in Mook and Baghir Vidhyalaya, Udaipur (respondent No. 2) for the period from Aug. 9, 1990 to May 16, 1991. By office order dated May 16, 1991 (Anx. 2) the respondent No. 1 intimated the petitioner-appellant that her service has come to an end. An advertisement (Annexure 3) was issued by the Secretary of the respondent No. 2 for inviting applications for filling up three posts of III Grades Teachers and one post of Craft Teacher. The petitioner also applied in pursuance of this advertisement. The Selection Committee could not finalise the appointments. By office order dated July 1, 1991 (Anx. 4), the petitioner was temporarily appointed for three months from July 1, 1991 to Sept. 30, 1991 on fixed salary of Rs. 1000.00 per month. She submitted representations Annexures 6, 7, 8 and 10 for regularisation of her services and grant of regular pay scale. Her services have neither been regularised nor extended. Thereafter, she filed the writ petition for her confirmation as a regular III grade teacher on the regular pay scale with effect from Aug. 9, 1991 and for making payment of the arrears of the difference amount of pay with interest.

(3.) The respondents No. 1 and 2 admit that their school is governed by the Grant-in-Aid Rules, 1963, it is a school for education of deaf and dumb students, the petitioner was temporarily appointed upto May 16, 1991 by order Annexure 1, advertisement Annexure 3 was issued but the selections could not be finalised due to the absence of one of the members of the selection committee and she was again appointed as a III grade teacher from July 1, 1991 for three months on the fixed pay of Rs. 1000.00 per month. It has further been averred that by order dated Nov. 15, 1991 (Annexure R 1/1) her services have been continued till further orders on the fixed salary of Rs. 1000.00 per month. She is an untrained teacher. Writ petition is not maintainable, she cannot be given regular appointment in violation of the Rules under the Grant-in-Aid Rules, 1963, the State Government has also discontinued the grant of this post because of appointing untrained teacher vide Annexure R 1/3.