V.C. Misra, J. - (1.) Sri Pankaj Mithal learned counsel for the petitioner and learned standing counsel on behalf of respondent No. 1 are present.
(2.) The facts of the case in brief are that respondent No. 2 runs a recognized institution in the name of Champa Inter College, Alipur District Aligarh. (herein after referred as the Institution). One Mohd. Hatim Anjum a confirmed L.T. Grade teacher was employed against one sanctioned post of science teacher, who applied for leave to go for study aboard from 1st January 1982 to 7th April, 1984 by means of an application dated 10.11.1981, which was sanctioned by respondent No. 2 and necessary information was forwarded to respondent No. 2. The extension of leave was sought for by Mohd. Hatim Anjum for the period 1.7.1982 to 10.7.1984, which was again sanctioned for six months by respondent No. 2 and information was duly sent to ' respondent No. l. Since Mohd. Hatim Anjum failed to join the duties after expiry of the leave the services were terminated by respondent No. 2. Necessary proposal in this respect was sent to respondent No. l for approval with the covering letter dated 8.8.1983. Respondent No. 2 vide letter dated 21.7.1982 requested respondent No. l to sanction an adhoe appointment on the post of science teacher on the aforesaid shot time leave vacancy for a period of six months, since, there was no teacher available with necessary qualification in the subject of science for class 9 and 10.
(3.) The institution in the meanwhile issued the necessary advertisement and invited application for adhoc appointment on the post of science teacher in the L.T. Grade. The petitioner along with other applicants, applied against the said advertisement and they were duly interviewed by respondent No. 2. The petitioner was found to be the most suitable person amongst all the candidates and accordingly an appointment letter dated 6.10.1982 was issued for the period w.e.f. 6.10.1982. Necessary information was also sent by respondent No. l. The petitioner since then has been discharging his duties in the institution without any break.;