B.M. Lal, J. - (1.) BY this petition under Articles 226 and 227 of the Constitution, the petitioner seeks a writ of mandamus commanding the respondents to pay salary and other allowances to her including the arrears from July 1, 1984 till the ad hoc appointment of the petitioner comes to an end in accordance with the provisions of law. In short, the facts leading to this petition are as under:
(2.) SUDHAKAR Mahila Uchchatar Madhyamik Vidyalaya Khajmi, Pandeypur, Varanasi (here -in -after referred to as the Vidyalaya) is a recognised and aided High School being run and managed by the respondent. No. 3 Committee of Management. One Km. Minti Rai, a music teacher of the vidyalaya proceeded on leave on medical ground, and on this leave vacancy the petitioner was appointed as L.T. grade teacher on 20 -2 -1982. Her initial appointment was for a short period i.e. upto 20 -5 -1983, But as Km. Minti Rai extended her leave, therefore the petitioner was re -appointed against the said leave vacancy vide order dated 9 -7 -1983. However, the appointment was on ad hoc basis and the same was approved by the R.I.G.S. vide order dated 3 -10 -1983. Further, by order dated 1 -11 -1983 the period of petitioner's appointment was extended and since then it is contended that she is discharging her duties, but all of a sudden without assigning any reason her salary was stopped. It is not that Km. Minti Rai joined the services and therefore her appointment came to an end. The petitioner made several representations by giving reference of U.P. Secondary Education Service Commission (Removal of Difficulties) (2nd) Order, 1981 as amended by para 3 of U.P. Secondary Education Service Commission (Removal of Difficulties) (3rd) Order, 1982 stating that her services are not liable to be terminated till a regular appointment is made by the Commission or Km. Minti Rai, in whose leave vacancy she was appointed, joins the post.
(3.) DURING the course of the arguments, the learned counsel for the petitioner filed a supplementary affidavit making a statement on oath that till date the petitioner is discharging her duties and that Km. Minti Rai has not turned up to join the college.;