- (1.) Petitioner is directed to implead the Director of Education (Secondary), U.P. at Allahabad as respondent No. 6 during the course of the day. Heard learned Counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) Petitioner before this Court seeking quashing of the order of the District Magistrate/Collector, Bulandshahr dated 2nd May, 1994 enclosed as Annexure-7 to the writ petition as also a writ of mandamus commanding the respondents to ensure payment of salary to the petitioner as L.T. grade teacher of D.A.P. Intermediate College, Shikarpur, District Bulandshahr from the month of May, 1994 regularly.
(3.) Facts in short giving rise to the present writ petition are as follows: (i) D.A.P. Intermediate College (hereinafter referred to as the 'institution') is an aided and recognised intermediate college under the provisions of U.P. Intermediate Education Act. The provisions of U.P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the teachers of the said institution. (ii) According to the petitioner, one Lal Bahadur Shastri proceeding on leave, as a result whereof a leave vacancy was caused in the institution and the petitioner was appointed against the said leave vacancy vide letter dated 23rd June, 1993. According to the petitioner, this appointment was approved by the District Inspector of Schools vide letter dated 2nd November, 1993. It is then stated that Lal Bahadur Shastri resigned on 1st June, 1994, the vacancy, therefore, became substantive vacancy and against the substantive vacancy the petitioner was again appointed as ad hoc teacher afresh under an order dated 11th June, 1994, wherein the petitioner was directed to continue till a regularly selected candidate from the Selection Board joins. This appointment of the petitioner had been approved by the District Inspector of Schools. (iii) The District Magistrate issued an order dated 2nd May, 1994, wherein it has been recorded that the District Inspector of Schools, namely, Krishna Avatar Bisnoi, was absent from his office since long and yet appointments are being made by his office by ante dating orders. In these circumstances, the District Magistrate directed that the details of the payment made in last two years be communicated by way of list along with relevant records so that the matter may be examined and till then payment of salary to the appointees shall remain in abeyance. It is against this order that the present writ petition has been filed.;