Rakesh Tiwari - (1.) -Heard the learned counsel for the parties and perused the records.
(2.) BY means of this writ petition, the petitioners have challenged the order dated 14.5.1992 passed by the Secretary, Rana Shiksha Shivir Inter College, Dhaulana, Ghaziabad and have claimed following reliefs : (i) A writ, order or direction in the nature of certiorari quashing the order dated 14.5.1992 passed by the Secretary, Rana Shiksha Shivir Inter College, Dhaulana, Ghaziabad ; (ii) A writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the function of petitioner No. 1 as lecturer in Hindi, petitioner No. 2 as lecturer in Sanskrit and petitioner No. 3 as assistant teacher in L.T. grade in Rana Shiksha Shivir Inter College, Dhaulana, Ghaziabad and to pay the petitioners their regular monthly salary on the posts respectively held by them including their arrears of salary from 9.4.1991 till date ; (iii) Any other writ, order or direction as the petitioners be entitled in law. The petitioners state that they have been legally and validly appointed as lecturers and assistant teacher in Rana Shiksha Shivir Inter College, Dhaulana, Ghaziabad, which is a recognized and aided institution. It is alleged that the following three substantive vacancies came into existence : (1) On account of superannuation from service of Sri Gopi Chand Shastri permanent lecturer in Hindi on 30.6.1982. (2) On account of superannuation from service of Sri Trilok Chand Sharma permanent lecturer in Sanskrit on 30.6.1983. (3) On account of superannuation from service of Sri Bhudev Singh Verma, permanent assistant teacher in L.T. grade on 30.6.1987. The aforesaid posts were notified to the U. P. Secondary Education Service Commission for being filled up by regular selection in the month of August/September, 1990, but no regular selection had taken place. A notice had been issued on 25.3.1991 for making ad hoc appointments against the substantive vacancies in the college. The petitioners being eligible had applied for the posts and were selected in the selection held by the Committee of Management on 7.4.1991. Petitioner No. 1 was appointed as ad hoc lecturer in Hindi, petitioner No. 2 was appointed as ad hoc lecturer in Sanskrit and petitioner No. 3 was appointment as ad hoc assistant teacher in L.T. grade in pursuance of the resolution passed by the Committee of Management dated 7.4.1991. They joined the institution on 9.4.1991 on their respective posts and that they are still working in the institution.
(3.) THE grievance of the petitioners is that the papers pertaining to their ad hoc appointments submitted by the Management in the office of the District Inspector of Schools, Ghaziabad, along with covering letter dated 10.4.1991 are still pending and no order has been passed by him inspite of repeated representations and reminders. Hence, their services have been terminated by the Secretary of the College vide order dated 14.5.1992, which is appended as Annexure-8 to the writ petition. The petitioners contend that the impugned order was passed by the Secretary of the College against all cannons of natural justice without affording any opportunity of hearing to them in an arbitrary and discriminatory manner. They further contended that there is no provision in U.P. Act No. 5 of 1982 or any law which may require any approval either prior or subsequent to making ad hoc appointments under Section 18 of the aforesaid Act. It is submitted that the view taken by the authority is illegal and contrary to law and their termination is liable to be set aside and they are entitled to continue in service.;