S.R. Singh, J. - (1.) Petitioner herein seeks issuance of writ of mandamus commanding the opposite parties to pay him salary admissible to the post of L.T. grade teacher w.e.f. 27.3.2000. Relief of mandamus against the respondent No. 1 is also sought commanding him to decide the petitioner's representation regarding payment of salary admissible to the post of L.T. grade teacher with effect from the date the petitioner joined his duties.
(2.) Petitioner claims to have been appointed in a short term vacancy advertised by the Committee of Management. Patel Smarak Inter College. Jagtari, Aligarh. In Dainik "Aaj" on 8.3.2000 and in "Rashtriya Sahara" on 10.3.2000. It is alleged in the writ petition that one Karanpal Singh. Lecturer [Economics) retired from service on 30.6.1998. Resulted vacancy on the post of Lecturer (Economics) was filled by giving ad-hoc promotion to one Prem Raj Sharma. Assistant Teacher in L.T. grade. Ad-hoc promotion of Shrl Prem Raj Sharma is satd to have been approved by the District Inspector of Schools on 7.12.1999. The vacancy resulting on account of ad-hoc promotion of Shrl Prem Raj Sharma was advertised as aforestated and the petitioner was selected for appointment. The appointment letter dated 26.3.2000 is said to have been issued in favour of the petitioner pursuant to which he joined his duties in the institution. It is also alleged that papers relating to ad-hoc appointment of the petitioner were submitted to the District Inspector of Schools. Aligarh, on 27.3.2000 for financial approval. But the District Inspector of Schools communicated no decision despite repeated representations whereupon the petitioner was left with no option but to approach this Court.
(3.) I have heard Sri S. N. Srivastava, learned counsel appearing for the petitioner and perused the writ -petition. Ad-hoc vacancies in the post of teacher caused by grant of leave to him or on account of his suspension duly approved by the District Inspector of Schools or otherwise used to be filled in accordance with the provisions of the U. P. Secondary Education Service Commission (Removal of Difficulties) (Second) Order. 1981 which has since been rescinded w.e.f. 25.1.1999 by virtue of Section 33E of U. P. Secondary Education Service Selection Boards Act. 1982. Concededly. therefore, the provisions of the U. P. Secondary Education Service Commission (Removal of Difficulties) Order. 1981. was not available for being resorted to at the time when the petitioner was appointed. Sri S. N. Srivastava, however, submits that notwithstanding the recession of the U. P. Secondary Education Service Commission (Removal of Difficulties) (Second) Order, 1981. w.e.f. 25.1.1999. ad-hoc appointment in short term vacancies could still be made by the Committee of Management under Regulation 9 of Chapter 11 of the Regulations made under the U. P. Intermediate Education Act, 1921, which not being inconsistent to the provisions the U. P. Secondary Education Service Selection Boards Act. 1982, can be resorted to by virtue of Section 32 thereof.;