- (1.) R. B. Misra, J. In this writ petition, the petitioner has sought direction in the nature of certiorari quashing the order of termination dated 17-7-1995 passed by the Manager of the College and for further direction to the respondents not to interfere in the working of the petitioner and to make payment of salary of Lecture's grade to the petitioner as and when it falls due. I have heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) THE brief facts necessary for adjudication of the writ petition are that the institution known as Gram Swalambi Vidayalaya Inter College, Baijgaon Chhatikara, District Mathura, governed by the Provisions of U. P. Intermediate Education Act, 1921 and Secondary Education Act, 1982 in which short term vacancy arose in the lecturer grade in the year July, 1990 when the lecturer of Physics proceeded on leave from 2-7-1990. THE committee of management on 22-7-1990 resolved to fill the short term vacancy till Sri Ayodhya Prasad Agrawal joins or till 30th June, 1991. THE petitioner was given appointment on 11-9- 1992 (Annexure-2) as a lecturer in Physics up to 30-6-1991 or till resuming charge after coming back from leave which ever is earlier. THE approval was accorded by D. I. O. S. on 6-12-1990 (Anmnexure-3) By letter dated 7-8-1993 (Annexure-6) Manager of the college wrote to Deputy Director for regularisation of service of petitioner. In reference to the letter dated 27-1-1992 (Annexre-8) purported to have been issued in reference to the letter dated 15-1-1992 of Manager saying that the service of the petitioner has been adjusted against the vacant post and more so in reference to the meeting dated 30-6-1995 of the Management (Annexure-9 ). It is said that application dated 15-5-1995 of petitioner had been considered by the Principal and the Manager of College has been informed that the service of petitioner has been regularised and pending for approval to the DIOS. It has been stated on behalf of the petitioner that he has been regularly attending the institution but the Manager has terminated his services on 17-7-1995 (Annexure-15) which is violative of natural justice whereas his service cannot be terminated under U. P. Secondary Education Act 1921 and U. P. Secondary Education Services Commission Act 1982. In counter affidavit filed by the Manager it has been asserted that the petitioner was made permanent w. e. f. 6-8-1994 (Annexure-CA-1) as an out come of the meeting of 30-6-1995 convened in reference to the letter dated 15-5-1995 of the petitioner. Now in another affidavit filed on behalf of Sri Atul Kumar Jain 'praband Sanchalak' who in Para 3 of the counter affidavit has averred that Regional Deputy Director of Education, Agra Region, Agra by his order dated 25-1-1995 had appointed one Sri Maya Ram Yadav as 'praband Sanchalak' of the aforesaid College on receiving the enquiry report in respect of the charges of irregularities and actions having been done beyond his power by the erstwhile Manager and the 'praband Sanchalak' was to hold the election according to the Scheme of Administration of the college.
(3.) ACCORDING to Para 16 of the counter affidavit since the permanent lecturer in Physics Sri Ayodhya Prasad Agrawal has resumed his duty from 1-7-1995, hence the petitioner could not be permitted to discharged his duty after 1-7-1995. ACCORDING to Para 17 of the counter affidavit, the earlier Manager, colluded with the petitioner and concealed the facts that Sri Ayodhya Prasad Agrawal has put in his joining and has been regularly discharging his duty and the Director of Education by its order dated 25-8- 1995 has also directed to make payment of salary to Sri Ayodhya Prasad Agrawal and to stop the payment of salary to the petitioner. ACCORDING to Para 18 of the counter affidavit the appointment of the petitioner was given for certain period on leave vacancy, therefore, no show cause notice or opportunity is required to be given and the petitioner's services are not governed by the U. P. Secondary Education Services Act, 1982 because his appointment was against a leave vacancy and after joining by Sri Ayodhya Prasad Agrawal, the appointment of the petitioner was to automatically come to an end. ACCORDING to the counter affidavit the letter dated 27-1-1992 issued in the name of D. I. O. S. was a non existing document to be treated as forged one having no legal force. In rejoinder affidavit the contentions raised by the petitioner in the writ petition have been reiterated.;