- (1.) Heard Sri Rahul Agrawal holding brief of Sri V.K. Upadhyay, learned counsel for petitioner and perused the record. This writ petition is directed against order dated 13th September, 2007 passed by District Inspector of Schools, Chandauli rejecting the claim of petitioner for payment of salary on the post of Assistant Teacher in L.T. grade on adhoc basis holding that he was never appointed following the procedure laid down under Second Removal of Difficulties Order, 1981 read with Section 18 of U.P. Secondary Education Service Commission and Selection Board Act, 1981.
(2.) That Sri Anil Kumar Dube, an Assistant Teacher in L.T. Grade was promoted to the post of Lecturer in English on ad hoc basis and financial approval to his appointment was granted by District Inspector of Schools vide letter dated 09.01.1997 and his services were regularised on the said post on 04.01.1999 by Joint Director of Education, Varanasi Region, Varanasi. Consequently, a short term vacancy of Assistant Teacher in L.T. Grade arose in the College. Respondent No. 2 in exercise of its power under Second Difficulties of Removal Order, 1981 selected petitioner and issued him appointment letter dated 19.07.1997. In pursuance thereof, petitioner joined on 22.07.1997 as an Assistant Teacher in L.T. Grade and since then he has been performing his duties. Thereafter, respondent No. 3 - Committee of Management submitted all requisite papers relating to petitioner's appointment to respondent No. 1 - District Inspector of Schools. But the District Inspector of Schools neither approved nor disapproved petitioner's appointment within 7 days. Learned counsel for petitioner submits that after the expiry of said period, appointment of petitioner against the short terms vacancy became final.
(3.) In the entire writ petition there is no pleading and material to show that the procedure laid down in Second Removal of Difficulties Order, 1981 was at least followed. In a very vague manner it has been averred in para - 9 of the writ petition that the procedure laid down in Second Removal of Difficulties Order, 1981 was followed while selecting and appointing the petitioner as an Assistant Teacher in L.T. Grade. When it was questioned by this Court, learned counsel for petitioner could not substantiate the same.;