R.B.Mlsra, J. - (1.) In this writ petition, prayer has been made to quash the impugned order dated 17.10.1997, passed by respondent No. 1 (Annexure-7) and further to command the respondents to pay salary to the petitioner as assistant teacher in L.T. grade in the institution in question month by month as and when it falls due. Heard Sri Prakash Padia, learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) By letter dated 17.10.1997, the District Inspector of Schools (D.I.O.S.) returned the papers to the management declining the financial approval of the petitioner purported to have been made on the temporary basis against the short-term vacancy created by the appointment of teacher of the institution as ad hoc principal in the institution. The main issue for adjudication is whether the 'vacancy' created by promotion of teacher of the school in to ad hoc Principal shall be treated as 'short-term vacancy' or 'permanent vacancy'. It appears that Sri Raj Pal Singh, Sengar retired on 30.6.1993 and thereafter the vacancy arose in the institution in question in respect of head master and since no regular selection was made by the Commission, as such, one Sri Ghundi Lal Tewari, a seniormost teacher in L.T. grade, was promoted as officiating head master in the institution. The approval was granted by the D.I.O.S., Jalaun on 16.10.1996. The advertisement to the post of assistant teacher L.T. grade on the short term as temporary was given in two daily news papers, namely, one 'Rastriya Sahara' dated 19.9.1997 and another in 'Surya Jagran' of same date. A selection committee duly constituted for this purpose met on 5.10.1997 and found the petitioner fit for appointment to the post by letter dated 5.10.1997 (Annexure-4). The petitioner joined the post and started working. The papers were forwarded by the manager to the D.I.O.S. for giving approval, however, on 17.10.1997 the D.I.O.S. rejected the financial approval to the petitioner by saying that the appointment on ad hoc basis has to be made according to Section 18 (2) of Intermediate Education Services Commission Regulation, 1982 and the management cannot make appointment against the 'substantive vacancy'.
(3.) Being aggrieved against this order, the petitioner filed the present writ petition, contending that the appointment of the petitioner was to be made on 'short-term vacancy' which was made by the selection committee and the management has sought approval by the D.I.O.S. and such approval was not granted in the stipulated time of seven days. The letter for financial approval was received by D.I.O.S. on 8.10.1997 and the financial dis-approval was accorded dated 15.10.1997 by D.I.O.S. conveyed by letter dated 17.10.1997 to the manager, therefore, a dispute has arisen whether the District Inspector of Schools has passed order in seven days, however, since the manager has power to make appointment to the post, therefore, the D.I.O.S. was under obligation to give approval on the short-term vacancy to that extent the letter dated 17.10.1997 (Annexure-7) was not to come in the way and the approval dated 15.10.1997 conveyed by letter dated 17.10.1997 (Annexure-7) is to be set aside and a fresh order has to be passed by concerned D.I.O.S. The petitioner is entitled to continue to the post till the persons against whose post such short-term vacancy was created, comes back and joins the post.;