- (1.) The petition in hand raises an important question of law for consideration as to whether the tenure of an adhoc teacher appointed under the provisions of U.P. Secondary Education Services Commission (Removal of Difficulties)(Second) Order, 1981 against short term vacancy caused by grant of leave to the incumbent or otherwise comes to an end merely on the nature of the short term vacancy being converted into a substantive vacancy on account of retirement as is the case in hand, or on account of resignation, death, dismissal, termination etc.
(2.) The Standing Counsel does not purpose to file a counter affidavit and since the concerned committee of management is supporting the Petitioner s case, the petition is being disposed of at the admission stage without inviting for any counter affidavit.
(3.) The Petitioner was appointed assistant teacher in L.T. Grade against short term vacancy which occurred due to permanent incumbent Mamla Jeet Singh being granted leave for three months w.e.f. 10-8-1991 to 9-11-1991 The appointment of the Petitioner Km. Meena Fingh was approved by the District Inspector of Schools vide letter dated 27-8-1991 w.e.f. 12-8-1991, the date of taking over charge up to 9-11-1991. It appears that Mamla Jeet Singh applied for and was granted extension of leave up to 30 6-1992 and the Manager of the College by his letter dated 10-4 1992 requested the District Inspector of Schools to approve the adhoc appointment of the Petitioner untill the date of joining of duty by a candidate selected by the Compression. The District Inspector of Schools vide letter dated 6-5 1992 (Annexure-5 to the writ petition) informed the Manager of the College that the services n{ the Petitioner would come to an end on 30-6-1992, the date on which the permanent incumbent Mamla Jeet Sirgh would be attaining the age of superannuation Obviously the District Inspector of Schools did not approve the Petitioner s appointment, as solicited for by the Manager for a period up to the date of joining duties by a candidate selected by the Compression, Accordingly the Petitioner has come up to this Court seeking the relief for issuance of a writ of certiorari quashing the order dated 6-5-1992 besides a mandamus commanding the Respondents to continue until she is replaced by a duly selected candidate.;