- (1.) The present Special Appeal has been filed by the petitioner- appellant against the judgment and order dated 4.9.2008 passed by the learned Single Judge dismissing Civil Misc. Writ Petition No. 29122 of 1996 filed by the petitioner-appellant. By the order dated 20.11.2008, the appeal was admitted and time was granted for filing counter-affidavit and rejoinder-affidavit in respect of the Stay Application. The affidavits have since been exchanged between the parties. As the disposal of the Stay Matter requires detailed hearing of the appeal, we have heard the appeal itself and are proceeding to decide the same on merits.
(2.) From the perusal of the record, it appears that one Raj Kumar Singh was working on the post of Lab Boy in the Institution in question, namely, Adarsh Uchchattar Madhyamic Vidyalaya Daula, District Meerut. The said Raj Kumar Singh proceeded on leave without pay with effect from 8.7.1991, consequent to his appointment on the post of Assistant Teacher. Short-term vacancy thus occurred on the post of Lab Boy on account of leave taken by the said Raj Kumar Singh. The Institution in question, by the order dated 19.1.1992, appointed the petitioner on the said short-term vacancy on the post of Lab Boy. Copy of the appointment order dated 19.1.1992 was filed as Annexure 1 to the Writ Petition, and appears at Page 47 of the Paper-Book of the Special Appeal. It was recited in the said appointment letter that the appointment was made on the temporary post of Lab Boy, and the salary would be paid to the petitioner-appellant after the appointment was got noted by the District Inspector of Schools, Meerut in accordance with rules.
(3.) The matter was sent to the District Inspector of Schools, Meerut. The District Inspector of Schools, Meerut, by the order dated 26.12.1992 (Annexure 3 to the Writ Petition and appearing at Page 49 of the Paper-Book of the Special Appeal), gave his approval in respect of the temporary appointment of the petitioner-appellant on the leave vacancy which had occurred on the post of Lab Boy. It was, inter-alia, stated in the order dated 26.12.1992 as under:;