RAVI S.DHAVAN - (1.) THE petitioner is a L. T. grade teacher working in a leave vacancy in lieu of another teacher,. THE teacher who took leave, is one Amar Nath Yadav. He first took leave on 12 December, 1990 and kept extending his leave, and has done so until 30 June, 1993.
(2.) IN between there was some difficulty in the petitioner not receiving his salary on leave vacancy of Amar Nath Yadav, so he had filed two writ petitions earlier. But he contends, in the: present petition, that his salary has yet not been paid and he seeks it so that it may be paid. The issue in the present petition is that Amar Nath Yadav who had taken leave, has resigned his service with effect from 30 June, 1993. The petitioner, thus, contends that his appointment be regularised in view of the vacancy which will occur after 30 June, 1993. It is not possible for the Court to issue a writ on the present writ petition for the reasons that while the petitioner may continue until 30 June, 1993 during leave vacancy of Amar Nath Yadav, but the substantive vacancy which will be caused upon the resignation of the other teacher can only be filled in accordance with section 18 of U. P. Secondary Education Services Commission and Selection Boards Act, 1982. Sub-section (1) of section 18 makes it clear that a substantive vacancy; can only be filled in the matter prescribed in that section.
(3.) THUS, the substantive vacancy which is likely to occur on a future date after 30 June, 1993, can only be filled in accordance with law. On the contingency, i.e. the vacancy, which will occur after 30 June, 1993, the nature of the vacancy will be changed from one under the U. P. Secondary Education Services Commission (Removal of Difficulties Second Order), 1981 i.e. as a short term leave vacancy to a substantive vacancy.;