JUDGEMENT
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(1.) HEARD Sri C. P. Gupta for the petitioner and the Standing Counsel for the respondents.
(2.) THE writ petition has been filed for a mandamus directing the respondents to pay arrears of salary of the petitioner w.e.f. 5.8.1995 and continue to pay salary month -to -month in future and for a mandamus to treat the petitioner as regular on the post of Lecturer (English)in the college.
(3.) IT has been stated that in Chandra Shekhar Azad Inter College, Sabhaganj, district Allahabad, one post of Lecturer has been created by the letter of Director of Education, U.P. dated 21.9.1984. The vacancy of the post of Lecturer has been advertised to the U.P. Secondary Education Services Selection Board, Allahabad through letter dated 16.11.1984. Sine the Commission has failed to recommend the selected candidate for appointment, as such, the Committee of Management, in exercise of it's power u/s 18 of U.P. Secondary Education Services Selection Board Act, 1982, appointed the petitioner on ad hoc basis by letter dated 3.8.1985. The petitioner joined his services in pursuance of the appointment letter dated 5.8.1985 and since then, he has been continuously working on the post.
A counter affidavit has been filed by the DIOS in which it has been stated that the post of Lecturer (English) was required to be filled up by a reserved category candidate and was falling in the quota of 'Other Backward Classes', while the petitioner belonged to General Category. As such, neither approval was granted, nor the salary of the petitioner was sanctioned on that post.;
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