Dilip Gupta, J. - (1.) This petition has been filed by a teacher claiming to have been appointed in the L.T. grade on ad hoc basis under Section 18 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 (hereinafter referred to as the 'Act') for a direction not to interfere in the performance of his duties and for payment of salary including the arrears of salary w.e.f. 28.2.1996.
(2.) Heard the learned counsel for the petitioner and the learned standing counsel appearing for respondent No. 3.
(3.) Briefly the facts as stated in the petition are that on 30.6.1994 a substantive vacancy in the L.T. grade in the Rashtriya Higher Secondary School, Jinehra, Mirahchi district Etah (hereinafter referred as the 'College') fell vacant on account of the retirement of Sri Ramesh Dutta Sharma. The Committee of Management notified the vacancy to the Commission through the District Inspector of Schools on 9.8.1995 but since the post actually remained vacant for more than two months, the management proceeded to make appointment on ad hoc basis under Section 18 of the Act. It advertised the said vacant post in 'Jai Yuwa Shakti' a Hindi daily on 7.2.1996 and it has been stated that the advertisement was also issued in another newspaper on the same date. The Selection Committee interviewed the candidates on 25.2.1996 and made a recommendation of the name of the petitioner for appointment on ad hoc basis against the aforesaid substantive vacancy of L.T. grade teacher. The recommendation was approved by the Committee of Management and an appointment letter dated 27.2.1996 was issued in favour of the petitioner. The petitioner submitted his joining report on 28.2.1996 and started teaching. The District Inspector of Schools granted approval to the appointment of the petitioner by his letter dated 6.3.1996. It has further been stated that when the College reopened on 8.3.1996 after the holidays the new Principal of the College did not permit the petitioner to sign the attendance register nor did the Principal forward the salary bill of the petitioner since 28.2.1996 to the District Inspector of Schools for making payment of the salary. It is in these circumstances that the present petition was filed.;