R.B.MISRA, J. - (1.) 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 Lecturer's grade to the petitioner as and when It falls due.
(2.) 1 have heard learned counsel for the petitioner and learned standing counsel for the respondents. The brief facts necessary for adjudication of the writ petition are that the institution known as Gram Swalambi Vidayalaya inter College, Brijgaon 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 upto 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(Annexure -3). By letter dated 7.8.1993 (Annexure -6) Manager of the college wrote to Deputy Director for regularisation of service. In reference to the letter dated 27.1.1992 [Annexure -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 D.l.O.S.
(3.) 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. intermediate Education Act, 1921 and U. P. Secondary Education Services Commission Act. 1982.;