Sudhir Agarwal, J. - (1.) HEARD Sri V.K. Singh, learned Counsel for the Petitioner and perused the record.
(2.) THE Petitioner has sought a writ of mandamus commanding the Respondents to decide his representations (Annexures 10 and 11 to the writ petition) regarding payment of salary to him. Learned Counsel for the Petitioner could not lay his hand to any provision under which above representation has been made vesting a right in Petitioner and a corresponding obligation under the Respondents to decide such representation. This Court when enquire about the right of Petitioner to claim salary he submitted that there being a short term vacancy in Akbal Inter College Suratpur, Pesara, Jaunpur, an advertisement was published on 03.01.1998 in a daily newspaper fixing 25.01.1998 as date of interview. The Petitioner was selected on 25.01.1998 and consequently a letter of appointment was also issued to him on 05.02.1998. The documents were sent to District Inspector of Schools, Jaunpur who granted his approval on 16.03.1998. Thereafter for some time the salary was paid to Petitioner, i.e., up to December, 1998 but educational authorities noticing that there was serious irregularities in the appointment of Petitioner stop payment.
(3.) IT is not disputed that for short term vacancy the procedure 2 which ought to have been followed in the case in hand in January 1998 is prescribed in U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as the "Second Order") read with U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the "Act, 1982"). Where a short term vacancy is to be filled in on ad hoc vacancy, the procedure prescribed under para 2 of the Second Order has to be observed. It reads as under: 2. Procedure for filling up shortterm vacancies.(1) If shortterm vacancy in the post of a teacher caused by grant of leave to him or on account of his suspension duly approved by the District Inspector of Schools or otherwise, shall be filled by the Management of the Institution by promotion of the permanent seniormost teacher of the institution, in the next lower grade. The Management shall immediately inform the District Inspector of Schools of such promotion along with the particulars of the teacher so promoted. (2) Where any vacancy referred to in Clause (1) cannot be filled by promotion, due to nonavailability of a teacher in the next lower grade in the institution, possessing the prescribed minimum qualifications, it shall be filled by direct recruitment in the manner laid down in Clause (3). (3) (i) The management shall intimate the vacancies to the District Inspector of Schools and shall also immediately notify the same on the notice board of the institution, requiring the candidates to apply to the Manager of the Institution along with the particulars given in Appendix "B" to this Order. The 3 selection shall be made on the basis of quality point marks specified in the Appendix to the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, issued with Notification No. Ma1993/XV7(79)1981, dated July 31, 1981, hereinafter to be referred to as the First Removal of Difficulties Order, 1981. The compilation of quality point marks shall be done under the personal supervision of the Head of Institution. (ii) The names and particulars of the candidate selected and also of other candidates and the quality point marks allotted to them shall be forwarded by the Manager to the District Inspector of Schools for his prior approval. (iii) The District Inspector of Schools shall communicate his decision within seven days of the date of receipt of particulars by him failing which the Inspector will be deemed to have given his approval. (iv) On receipt of the approval of the District Inspector of Schools or, as the case may be, on his failure, to communicate his decision within seven days of the receipt of papers by him from the Manager, the Management shall appoint the selected candidate and an order of appointment shall be issued under the signature of the Manager. ExplanationFor the purpose of this Paragraph (i) the expression "seniormost teacher" means the teacher having longest continuous service in the institution in the Lecturer's grade or the Trained graduate (L.T.) grade or Trained undergraduate (C.T.) grade or J.T.C. or B.T.C. grade as the case may be; (ii) in relation to institution imparting instructions to women, the expression 'District Inspector of Schools' shall mean the Regional Inspectress of Girls' Schools; (iii) shortterm vacancy which is not substantive and is of a limited duration.;