PRAFULLA KUMAR MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Upendra Nath Mishra, learned Senior Advocate, assisted by Sri Neel Kamal Mishra, learned counsel for the petitioner, Sri Pankaj Kumar Patel, learned Additional Chief Standing Counsel for respondent nos. 1 to 4, Sri Rakesh Kumar Tripathi, learned counsel for respondent no.5 and Sri Chandra Bhushan, learned counsel for respondent no.6.

(2.) Instant writ petition has been filed by the petitioner praying for the following reliefs:-

(3.) The case set forth by the petitioner is that he was initially appointed on the post of Lecturer (Bio) on adhoc basis on 25.07.1991 on account of a vacancy having arisen due to promotion of one Sri Sripal Mishra, who was working as Bio Teacher. The appointment was made in pursuance to a proposal of the Committee of Management and the same was approved by the District Inspector of Schools vide order dated 13.07.1991. A copy of the appointment order is Annexure-2 to the writ petition while the copy of the approval order is part of Annexure-3 to the writ petition. Subsequently, Sri Sripal Mishra retired and a resolution was passed for regularization of the petitioner on 25.07.1995 by the Committee of Management and the same was sent to the District Inspector of Schools for his approval. After long lapse of time the services of the petitioner were regularized through an order dated 03/30.12.2001 w.e.f. 30.12.2000 by the order issued by the Joint Director of Education, Lucknow. The regularization order was passed under the provisions of Section 33-F of the Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 (hereinafter referred to as the '1982 Act'). Copy of the order dated 03/30.12.2001 is Annexure-5 to the writ petition. Prior to regularization of the petitioner, private respondent no.5, Sri Jai Ram, was appointed as a Lecturer (English).