MATA BARAN Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner has sought a mandamus commanding the respondents to treat his ad hoc appointment as deemed approved by District Inspector of Schools under the provisions of U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as "Second Order") and to hold that he is entitled for payment of salary as Assistant Teacher (C.T. Grade) with effect from 9.7.1985.

(2.) Jan Sewa Uchchatar Madhyamik Vidyalaya, Muhiuddinpur, District Allahabad is an institution recognized by Board of High Schools and Intermediate and is governed by provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as "Act, 1971) and U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the "Act, 1982"). It is stated that one Manik Chand Yadav, a confirmed C.T. Grade Teacher in the College was promoted in L.T. Grade on ad hoc basis with effect from 8.7.1985. In para 3 of the writ petition, the date of promotion is mentioned as 8.7.1975. Learned counsel for petitioner during the course of argument stated that the said date is wrongly typed and it is actually 8.7.1985. On the very next date i.e. 9.7.1985 the Committee of Management passed resolution for ad hoc appointment of petitioner on the same date pursuant whereto he claims to have joined. However, no letter of appointed issued to petitioner has been placed on record.

(3.) Be that as it may, it is not in dispute that appointment of petitioner could have been made only after following the procedure prescribed in para 2 of Second Order, which reads as under: