- (1.) The appellant in this appeal questions the correctness of an interim direction issued by a learned single Judge of this Court dated 23/4/2010 and has also challenged the consequential orders dated 28/4/2010 and 29/4/2010 passed by the District Inspector of Schools in relation to the claim of continuance of the appellant as an ad hoc Lecturer and payment of salary in the institution known as Manas Inter College, Fatehpur, District Deoria, which is an institution established and governed by the provisions of the Intermediate Education Act, 1921. The service conditions of the teachers are governed by the aforesaid provisions and selection and appointment on such posts are governed by the provisions of the U.P. Secondary Education Services Selection Board Act 1982 and the Regulations and Rules framed thereunder.
(2.) The undisputed facts are that the post of Lecturer in Economics which, is at the centre of the dispute, was occupied by one Sri Krishna Rao on a substantive basis. According to the hierarchy of teachers, the lecturers grade is the senior most grade and whenever the office of the Head of the institution namely the Principal, falls vacant, the senior most teacher in the said grade is entitled to officiate on the post for which the appointment can be made on ad hoc basis. The post of principal fell vacant in the year 1998 and Sri Krishna Rao came to be given an ad hoc promotion on the post of officiating Principal on 6.12.1998. As a result of this ad hoc promotion, the post of Lecturer in Economics become available as a short-term vacancy.
(3.) The appellant Shashi Pal Rao contends that against this short term vacancy, the Committee of Management appointed him on ad hoc basis. No approval was granted to the said alleged proposal of the appointment of the appellant. The appellant thereafter appears to have applied for and appointed as a Postal Assistant in a Post-office in Deoria Postal Division and continued to function and receive salary, as such, from 24.7.1999 to 29.5.2007. The respondents - petitioners have filed an information received under the Right to Information Act to that effect as Anneuxre-6 to the writ petition. It may be noted that the said facts had been noticed in the order of the District Inspector of Schools dated 15.5.2007 which is the basis of the claim of the appellant. The said order also notices that no approval or financial sanction had been granted to the claim of the appellant.;