- (1.) The present special appeal has been filed against the judgment and order dated 18.5.2005 passed by the Hon'ble Single Judge whereby the writ petition preferred by the present appellant has been dismissed on the ground that the appointment of the petitioner on Class IV post made by the then District Inspector of Schools on 26.11.1994 was illegal and contrary to rules. Briefly stated facts giving rise to the present appeal are as follows: (i) According to the appellant he was appointed by the then District Inspector of Schools vide order dated 26.11.1994 on a Class IV post in the Government Girls Higher Secondary School, Baberu, district Banda, where he joined on 28.11.1994 the appellant was appointed on Class IV post on account of the fact that the incumbent Sri Ram Swaroop, who was working on the said post, had been promoted to the post of Daftari. The Joint Director of Education vide letter dated 18.2.1995 asked the District Inspector of Schools to stop the writ petitioner from working and his salary be not paid as the appointment has been made without any authority. In response to the said letter dated 18.2.1995, the then District Inspector of Schools vide letter dated 15.3.1995 informed the Joint Director of Education that he had authority to make appointment on Class IV post and if the Joint Director of Education feels that the same is irregular, he may pass order of termination of the writ petitioner. The letter dated 18.2.1995 issued by the Joint Director of Education was challenged by the appellant by means of Civil Misc. Writ Petition No. 14656 of 1995, which was allowed by judgment and order dated 27.8.1999 and the letter dated 18.2.1995 was quashed. The District Inspector of Schools was directed to pass a fresh order in accordance with law. By the time the matter came up before the District Inspector of Schools, there was change in guard and the District Inspector of Schools, Budaun vide order dated 29.6.2000 cancelled the appointment letter of the petitioner, which was again subject-matter of challenge before this Court in Civil Misc. Writ Petition No. 37477 of 2000. The said writ petition was allowed vide order dated 13.3.2002 and the order dated 29.6.2000 was quashed on the ground that reasonable opportunity of hearing was not given to the petitioner nor any reason has been given for passing the said order. The District Inspector of Schools was directed to take fresh decision in accordance with law. (ii) Pursuant to the direction of this Court the District Inspector of Schools vide order dated 12.7.2002 held that the appointment of the appellant was made in violation of rules and was, therefore, irregular. The order dated 12.7.2002 was challenged by the present appellant by filing Civil Misc. Writ Petition No. 33067 of 2002 giving rise to the present appeal.
(2.) We have heard Sri Vinod Dhama, learned Counsel for the appellant and the learned Standing Counsel appearing for the State respondents.
(3.) Sri Dhama submitted that the appellant was appointed under Rule 23(3) of Group 'D' Employees Service Rules, 1985 (hereinafter referred to as the Rules), which permits/authorises the District Inspector of Schools to make appointment on ad hoc basis from amongst the eligible candidates. According to the learned Counsel the vacancy was notified on the notice board of the institution and the appellant along with others have made application for the said post. The appellant was selected and permitted to join and, therefore, his appointment cannot be said to be either irregular or contrary to rules. He further submitted that all the persons appointed along with the appellant have been regularized and the appellant alone has been singled out.;