G.P.Mathur, J. - (1.) Appellant Smt, Ratan Bala Yadav was appointed as Assistant Teacher in C.T. Grade in the vacancy of Smt. Ranjana Srivastava and approval to this short term ad hoc appointment was granted by the Regional Inspectress of Girls Schools on 18.2.1982. She continued to work as Assistant Teacher till 31.3.86 whereafter the management discontinued her services. She filed writ petition No. 12026 of 1986 which was decided on 26.2.97 and a direction was issued to the DIOS, Kanpur to examine the matter and pass appropriate orders in accordance with law. In pursuance of the aforesaid order the DIOS passed an order on 6.5.97 holding that the appellant is entitled to continue in institution and to get her salary. Feeling aggrieved by the decision of the DIOS the Committee of Management filed writ petition No. 33093 of 1997 which was allowed by a learned Single Judge on 4.1.2000 and the orders passed by the DIOS dated 6.5.97 and 7.8.1997 were quashed. The present special appeal has been filed by Smt. Ratan Bala Yadav challenging the aforesaid order of the learned Single Judge.
(2.) Sri Ashok Khare, learned Counsel for the appellant has submitted that the appellant was entitled to the benefit of Section 33-B of U.P. Secondary Education Services Selection Board Act (hereinafter referred to as the Act) and was entitled to continue in the institution as a regular Assistant Teacher. In our opinion the contention raised has no substance. It is not in dispute that the appellant was appointed as Assistant Teacher on a short term vacancy on account of the fact that the regular teacher Smt. Ranjana Srivastava had taken leave. The Regional Inspectress of Girls Schools had accorded approval only to her short term appointment in the leave vacancy by the order dated 18.10.1982. Smt. Ranjana Srivastava resigned from her post on 11.12.1984 and the result whereof was that the aforesaid short-term vacancy got converted into a substantive vacancy. She no-doubt continued to work till 31.3.86 and thereafter the management stopped taking work from her. It has been held by a Full Bench in Dr. Pramila Misra v. Deputy Director Education, 1992 UPLBEC 1329, that a teacher appointed on a short term vacancy can not claim any right to continue if the vacancy gets converted into a substantive vacancy. Therefore, after the resignation of Smt. Ranjana Srivastava the appellant had no right to continue as Assistant Teacher in the institution. Clause (c) of Sub-section (1) of Section 33-B of the Act reads as follows : "Clause (c) has been continuously serving the institution from the date of such appointment up to the date of commencement of the Act, referred to in Sub-clause (iii) of Clause (a)."
(3.) The date of the commencement of the Act is 7.8.1993. It is not in dispute that the appellant did not work in the institution after 31.3.1986 and thus she was not working in the institution on the date of commencement of Section 33-B of the Act namely 7.8.1993. Therefore, she was not at all entitled to the benefit of the aforesaid provision and she can not claim regularisation on its basis.;