- (1.) The petitioner was initially appointed as a teacher in Mahananda Junior High School on 15.7.1977. The said institution was upgraded to High School in the year 1979. The institution came in grant in aid in October, 1984. When the institution came in grant in aid, one post of Head Master, three posts of L.T. Grade Teacher and six posts of C.T. Grade teachers were sanctioned. Six teachers working in the institution have been absorbed against the six sanctioned posts of C.T. Grade teachers, however, the petitioner has not been absorbed, but continued to work. When salary has not been paid, the petitioner filed Writ Petition No. 9374 of 1987, which has been dismissed, against which the petitioner filed Special appeal, which has been dismissed by the Division Bench vide order dated 18.7.1995 against which the petitioner filed SLP before the Apex Court in which on 13.11.1995, following order was passed: "It is stated by the learned counsel for the petitioner that in view of the amendment of the U.P. Secondary Education Commission Act, 1982 by incorporating Rule 33-A(1)(c), the petitioner intends to move the High Court. On the basis of the right under the said Rule, the petition is, therefore, not pressed and is, accordingly, dismissed."
(2.) In the meantime, it appears that the petitioner has been promoted on adhoc basis on the post of Lecturer. However, when the salary has not been paid, the petitioner filed the present Writ Petition No. 8402 of 1996. During the pendency of this writ petition, the petitioner filed a Recall Application in Writ Petition No. 9374 of 1987, which has been disposed of by the order dated 18.2.2000, observing as follows: "Admittedly, petitioner has filed writ petition No. 8402 of 1996, which is pending in this Court. In the circumstances we do not find any justification to recall order dated 18th July, 1995. Learned counsel for applicant, however, submitted that the dismissal of the writ petition may come in the way of petitioner in pending writ petition. We make it clear that since the matter was cognizable by Single Judge, the order dated 18th July, 1995 shall not come in way of petitioner and it shall be open to petitioner to raise all the points in that petition and the writ petition shall be considered and decided on the basis of the material on record. Subject to aforesaid, the application is disposed of."
(3.) He further submitted that under Regulation 4 of Chapter II where any Junior High School is recognised as a High School under Section 7, a permanent or temporary teacher of such school, possessing the minimum qualification under Regulation 1, shall be deemed to be permanent or temporary teacher, as the case may be, of such High School provided that the services of a temporary teacher, who is not selected for appointment in accordance with the provisions of the Act and the Regulations, shall be dispensed with, after giving him one month's notice in that behalf or one month's pay in lieu of such notice, the petitioner's appointment as C.T. Grade teacher may be deemed to be regularised and, therefore, the promotion of the petitioner as L.T. Grade teacher was in accordance with law and the petitioner was entitled for the salary.;