- (1.) HEARD the learned Counsel for the appellant. This Special Appeal has been filed against an interlocutory order passed by the learned single Judge. The writ petition is still pending awaiting final decision.
(2.) THE learned single Judge vide the impugned order had directed the District Inspector of Schools, Sidharth Nagar to ensure that the next most senior teacher in the college is handed over charge of the post of Principal within a week of production of a certified copy of the said order before the District Inspector of Schools, Sidharth Nagar. It is not disputed that a controversy in regard to the seniority of the present appellant vis -a -vis Satya Narain Gupta, respondent No. 1 is still awaiting adjudication. It is further not disputed that the appellant had attained the age of superannuation on 20 -1 -2003 and he is continuing only on extension till the expiry of academic session that is upto 30 -6 -2003 as envisaged under the Regulations. The purpose of such continuance as clarified by this Court in its decision rendered by a Division Bench in the case of Committee of Management, Jagdish Saran Rajvanshi Kanya Inter College, Meerut and others, reported in 2000(2) LBESR 979 (All) : 2000 (1) ESC 645, is to extend the benefit in favour of the teacher in the interest of the students and the Institution indicating further that such benefit does not create any vested right or lien against the post.
(3.) PLACING reliance upon an earlier decision of this Court rendered by another Division Bench in the case of R.L. Prasad v. State of U.P. and others, reported in 1987 AWC 1314, it had been further made clear that once a teacher had attained the age of superannuation, he had no vested right to continues in service. Such a teacher who after attaining the age of superannuation, was granted extension till the end of the academic session in case he attained the age of superannuation in the mid session, could not be entitled to get an order of appointment though selected for the post by the Commission.;