A.N.Dixita, J. - (1.) The instant petition under Article 226 of the Constitution has been preferred seeking a direction in the nature of mandamus directing the respondents to treat the petitioners in service and to pay all their salaries and dues.
(2.) During the pendency of the petition, the name of the petitioner No. 1, Sri Lallan Singh had been deleted as per order dated 27-11-1979 leaving Shri Subhash Chandra Pandey as the sole petitioner.
(3.) The college is a recognised and aided institution and is duly governed by the scheme of administration as provided in the U. P. Intermediate Education Act, 1921 as amended upto date. The petitioner who had passed his B. A. Examination from the Gorakhpur University with Hindi, Geography and Military Science as his subjects, was appointed as an Assistant Teacher in a clear vacancy on an ad hoc basis in the L.T. Grade in the said College in accordance with the U.P. Secondary Education (Removal of Difficulties) Order, 1976. The appointment was made consequent to his selection by the Selection Committee of the said college for the period of 6 months vide an order of appointment dated 20-10-1975 by the Secretary of the said College. Necessary approval in respect of the appointment was obtained. The petitioner continued to work till 17-2-1976 when the Government issued the Second U. P. Secondary Education (Removal of Difficulties) Order, 1978 whereby the words 'not exceeding six months" were substituted by the words "not extending beyond June 30, 1976" in sub-clause (a) of clause (2) of the First Removal of Difficulties Order, 1975 and consequently the services of the petitioner were deemed to have been extended upto June 30, 1976. The petitioner was served with the order of termination on 28-6-1976 by the Secretary-cum-Manager of the said College. In the meantime the Government issued the Third U. P. Secondary Education (Removal of Difficulties) Order, 1976 on 28-6-1976, whereby the words June 30, 1976were substituted by the words September 30, 1976 and thus the services of the petitioner were automatically extended upto 30-9-1976. After the summer vacations the petitioner joined his duties on the reopening of the College i.e. on 8-7-1976. The petitioner was again served with the termination order dated 17-7-1976 on 21-7-1977 by the Principal of the said college. Such termination was without any approval of the District Inspector of Schools. Representations were made by the petitioner to the District Inspector of Schools as well as to the Receiver who had been appointed by the District Magistrate on the account of the disputes between the two groups of the Committees of Managements of the said College by letter dated 29-7-1976. The District Inspector of Schools wrote a letter to the Principal of the said college warning him for acting contrary to the provisions of the Act. The petitioner vide order dated 16 -8-1976 of the Receiver was again allowed to work upto 30-9-1976. On 24-9-1976, the Government issued the Fourth U P Secondary Education (Removal of Difficulties) Order, 1976, whereby the term of the ad hoc teachers was extended upto 15 11-1976 In spite of the protestations of the petitioner he was not allowed to work beyond 30-9-1976, but later on the services of the petitioner were extended upto 15-11-1970 by an order of the receiver dated 3-11-1976 The Government again extended the period of the services of ad hoc teachers upto 31-12-1976 by issuing the fifth U. P. Secondary Education (Removal of Difficulties) Order, 1976, but the petitioner was again not allowed to work after 15-11-19 r6. The petitioner further represented that according to the G O dated 2-12-1976 bis services have been confirmed and accordingly he should be permitted to work on the post as Teacher Representation was again made to the District Inspector of Schools on 10-12-1976. As no reply was forthcoming the petitioner sent various representations to the authorities as well as to the Principal of the college on 22-2-1976 In the meantime the Governor of U. P. issued an Ordinance (Ordinance V of 1977), by which the services of all the ad hoc Teachers were confirmed.;