Om Prakash, J. - (1.) HEARD counsel for the parties. Affidavits having been exchanged between the parties, the case is disposed of finally. Brief facts are that one Sri Ambika Prasad Srivastava, who was a teacher in L.T., grade was promoted on ad -hoc basis in the grade of lecturer on 1.12.1977. In that vacancy the petitioner was appointed on 4.5.1990, and the Management thereupon sought approval of the District Inspector of schools, respondent No. 1. In the counter -affidavit it is averred that under Chapter II Regulation 20 of the Regulations framed under the U.P. Intermediate Education Act, 1921, that where the Committee of Management has failed to advertise any sanctioned post, which has fallen vacant in accordance with the Regulations contained in this Chapter within a period of three months from the date of occurrence of any vacancy, such post shall be deemed to have been surrendered and shall not be filled up unless its creation is sanctioned afresh by the Director.
(2.) IN the letter dated 1.2.1989 (Annexure "2" to the writ petition) the respondent No. 1 has himself stated that the vacancy of Sri Ambika Prasad Srivastava, who was promoted on ad -hoc basis in the lecturer's grade, will be deemed as permanent vacancy only when he becomes permanent on the post. The contention of the petitioner is that Sri Ambika Prasad Srivastava has not yet become permanent on the post of lecturer. This being so, the question is whether the Management could report the vacancy to the Commission. The appointment by the Commissioner can be made only when there is a permanent vacancy. A post which has permanently fallen vacant will be deemed to have lapsed upon the expiry of three months, if the vacancy is not reported by the Management to the Commission under Chapter II Regulation 20. I fully agree with the contention of the petitioner's counsel that Chapter II Regulation 20 has no application to the facts of this case, in as much as the vacancy of Sri Ambika Prasad Srivastava is not permanent, as he is still continuing on ad hoc basis as lecturer. Therefore, the respondent No. 1 cannot contend that the post has lapsed unless sanction is given afresh by the Director. The writ petition is, therefore, allowed; the impugned order dated 10.5.1990 (Annexure "11" to the writ petition) is quashed and the respondents are directed to treat the petitioner as a teacher in L.T. grade in the aforesaid vacancy and he shall be paid salary as admissible to him. A copy of this order may be given to the learned counsel on payment of usual charges within 48 hours.;