ROHIT RANJAN AGARWAL ,J. - (1.) Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Vats Narayan Singh, learned counsel for petitioner, learned Standing Counsel for respondent nos. 1 to 3 and Sri Vivek Rai, learned counsel for respondent no. 4.
(2.) This writ petition has been filed assailing the order passed by respondent no. 2, whereby claim of petitioner pursuant to direction of this Court dated 02.01.2014 has been rejected on the ground that petitioner attained the age of superannuation on 30.06.2011 and his services cannot be regularised as well as his appointment was not made in view of Section 18 B of the U.P. Secondary Education (Services Selection Board) Act, 1982. Facts as disclosed in writ petition are that there is an Institution known as Adarsh Anglo Uchchttar Madhyamik Vidyalaya, Dudahi, District Deoria (for short 'Institution') which is recognised institution and governed by provisions of U.P. Intermediate Education Act and Regulations framed thereunder. One Mohammad Rafiq Ansari who was permanent teacher working in C.T. Grade in the Institution went on leave from 11.05.1983 to 20.05.1984, said leave was approved by Committee of Management.
(3.) Petitioner was appointed against this short term vacancy on 15.05.1983. District Inspector of Schools on 09.01.1984 accorded approval to ad hoc appointment of petitioner in the C.T. Grade in the Institution on the leave vacancy. As leave of Mohammad Rafiq Ansari was extended till 30.05.1985, petitioner continued to work in the Institution. Leave vacancy of Mohammad Rafiq Ansari continued till he submitted his resignation on 1st May, 1986. On the said date, leave vacancy stood converted into substantive vacancy and petitioner continued to work in the Institution.;