Dr. R. R. Misra, J. - (1.) CONSEQUENT upon the vacancy occurring for the post of Lecturer in Civics in Ram Prasad Rastogi Intermediate College, Malak Harhar, District Allahabad, Sri Amar Singh was appointed as ad hoc Lecturer in the said Institution by the Committee of Management, the opposite party no. 4. The Institution received Grant-in-aid from the State of U. P. and the Payment of Salary Act, 1971 is applicable to it. The said substantive vacancy of the post of Lecturer in Civics was duly notified by the Committee of Management of the said Institution to the U. P. Secondary Education Services Commission, Allahabad (hereinafter referred to as the Commission) in the year 1984-85. The commission advertised the said vacancy. The petitioner, who belongs to backward class and is M. A. in Political Science with 56.2 per cent marks, applied for the same and ultimately after interview the Commission recommended the selection of the petitioner at serial no (?) in panel list vide notification dated 23-6-1989 a copy of which has been filed as Annexure 'I' to the writ petition. A copy of the said notification was duly forwarded to the Regional Deputy Director of Education, who in turn forwarded the same to the District Inspector of Schools, Allahabad and ultimately the District Inspector of Schools, Allahabad in turn wrote a letter to the Committee of Management intimating about the said selection of the petitioner and required the Committee of Management, the opposite party no. 4, to issue an appointment letter to the petitioner. A copy of the said latter issued by the District Inspector of Schools, Allahabad dated 8-8-1989 has been annexed as Annexure No. '2' to the writ petition. In the said letter the Committee of Management was required to issue the appointment letter to the petitioner within one month from the date of receipt of the said letter. The same has been received by the Manager of the said Institution on 16-8-1989.
(2.) WE have heard Sri H. N. Pandey, learned counsel for the petitioner and the learned Standing Counsel as well as Sri Sakha Ram Singh learned counsel appearing for the Committee of Management, the opposite party no. 4. The averment in the writ petition is that the Committee of Management, opposite party no. 4, is in collusion with Sri Amar Singh, who is already working as ad hoc teacher in the said Institution on the said post and, therefore, the appointment letter of the petitioner is not being issued by the Committee of Management. It has also been alleged by the petitioner that despite the receipt of the aforesaid letter of the District Inspector of Schools dated 8-8-1989 the Committee of Management has failed to issue any appointment letter to the petitioner so far. The petitioner consequently made representations both to the aforesaid Manager of the Institution as well as to the Regional Deputy Director of Education, Allahabad requesting him to exercise his powers vested in him under Section 17 (2) of the Commission Act and to direct the Manager of the said Institution to issue appointment letter to the petitioner. The grievance raised by the petitioner in the present writ petition is that despite his best efforts and various representations made to the opposite parties he has been made to run from pillar to post but no appointment letter has been issued to the petitioner by the Committee of Management so far. Hence a relief for a writ of mandamus directing the Manager to issue appointment letter in question as per directions of the District Inspector of Schools Allahabad and also for a writ of mandamus commanding the Regional Deputy Director of Education, Allahabad to exercise his statutory powers under Section 17 (2) of the Commission Act has been prayed for. The relief for payment of his salary has also been prayed for in the writ petition by the petitioner. The Committee of Management, the opposite party no. 4, has also filed a counter affidavit in this case stating that since Sri Amar Singh is already working on ad hoc basis on the said post of Lecturer in Civics and in view of a letter dated 22-9-1989 said to have been written by the Special Secretary to the Government of U. P. to the Adhyaksh, U. P. Madhyamik Shiksha Sewa Ayog, Allahabad, a copy of which has been filed as Annexure No. 1 to the said counter-affidavit, the services of Sri Amar Singh are likely to be regularised in view of the decision taken by the Government. It is relevant to mention here that Sri Amar Singh, an ad hoc teacher, who is at present working in the said Institution on the aforesaid post, for which the petitioner has been selected, subsequent to the filing of the present writ petition filed by the petitioner, had also filed a writ petition in this Court claiming that he is entitled to continue on the said post. According to Sri Amar Singh, a letter No. 4497/10.7.21 24/89-90 dated 22-9-1989 had been issued by the State Government to the Chairman of the U. P. Secondary Education Commission, Allahabad stating that the Government has decided to regularise the posts of all ad hoc teachers, therefore, the process of selection by direct recruitment should be stopped. Acting upon the said letter of the State Government, the Commission has stopped the process of selection of direct candidates for the posts of teachers in regard to the substantive vacancies in cases in which the ad hoc teachers were already working. The authenticity of the said letter dated 22-9-1989 purported to have been issued by the State Government was challenged. It was claimed by Sri Vijay Nath, the petitioner, that he is a selected candidate and that no such order of the State Government, in fact, exists. This led the Commission to write a letter on 23-12-1989 to the State Government enquiring about the letter dated 22-9-1989 of the State Government aforesaid. This Court had also called for the relevant records from the Commission. During the course of hearing of the writ petition filed by Sri Amar Singh on 3-1-1990, the learned counsel for the Commission produced , before the Court a letter of the State Government issued on 29-12-1989 to the Commission stating that no such order or letter purported to have been passed on 22-9-1989 has been issued by the Government. Result was that' the learned counsel for Sri Amar Singh, withdrew his petition and the same was accordingly dismissed as not pressed on 3-1-1990. So far as the present writ petition filed by Sri Vijay Nath is concerned, Sri Amar Singh had also filed an impleadment application in the said petition. The said impleadment application filed by Sri Amar Singh has also been rejected by this court by a separate order dated 3-1-1990. Thus the claim of Sri Amar Singh, who was an ad hoc teacher, that his services are likely to be regularised has already been withdrawn by Sri Amar Singh in view of the dismissal of the writ petition filed by him. However, Sri Amar Singh, the ad hoc teacher, could continue as ad hoc teacher either under the Removal of Difficulties Order or under Section 18 of the Act No. 5 of 1982 until a regularly selected candidate does not join.
(3.) IN view of above and the statutory duty cast on the Committee of Management under sub-clause (4) of Section 11 of the Commission Act to issue the appointment letter to the selected candidate within one month from the date of receipt of such intimation, in our opinion, the petitioner, Sri Vijay Nath, has made out a case against the opposite party No. 4. Accordingly we issue a writ of mandamus directing the opposite party No. 4 to issue the appointment letter in question to the petitioner forthwith on the production of a certified copy of this judgment before the manager of the opposite party No. 4 and permit the petitioner to join the said post immediately thereafter. The petitioner will be entitled to his salary from the date he joins the said post. A direction also is issued accordingly for the payment of the salary of the petitioner from the date of his joining on the said post. In the result, the writ petition succeeds and is allowed with costs with directions as stated above.;