Arun Tandon, J. - (1.) Writ Petition No. 39754 of 1997
(2.) PETITIONER before this Court had filed Writ Petition No. 16481 of 1991 alleging therein that she has been appointed by the management against a permanent vacancy on ad hoc basis and that her salary has wrongly been stopped. The claim was contested by the Respondents and it was stated that the Petitioner was appointed against a leave vacancy caused due to grant of leave to one Madhu Raizada. It was further stated that the vacancy stood converted into a permanent vacancy. Therefore, in view of the judgment of this Court in the case of Meena Singh v. District Inspector of Schools;, 1994(3) UPLBEC 1953 the question of continuance of the Petitioner does not arise. The Hon'ble Single Judge was of the opinion that the matter needs to be examined by the District Inspector of Schools/Regional Inspectress of Girls Schools concerned at the first instance. Accordingly, the writ petition was disposed of vide judgment and order dated 05.05.1995 requiring the Regional Inspectress of Girls Schools to consider the grievance of the Petitioner. The matter was accordingly examined by the Deputy Director of Education, Agra Region, Agra. He in his order dated 09.10.1997 has recorded that the leave vacancy, against which the Petitioner was appointed, came to an end on 20.05.1989 when Madhu Raizada was made permanent as Assistant Teacher in Government College. It has then been recorded that the post actually remained vacant between 1989 to 1995. The Petitioner made a representation only in the year 1991. Therefore, it has been held that the Petitioner had no case either for regularization or for being continued in the institution on the strength of her earlier order. Hence this second writ petition.
(3.) CHALLENGING the order dated 09.10.1997 counsel for the Petitioner refers to the U.P. Government Servant (Employment Leave) Rules, 2003 in support of his contention that since the leave was extended for the period of more than 5 years by Madhu Raizada, the Petitioner is deemed to have become permanent as per the said rules.;