Ashwani Kumar Mishra, J. - (1.) This petition is directed against an order dated 21.1.1997, passed by Deputy Director of Education, XIV Region, Azamgarh. A further prayer has been made to direct the respondent Nos. 1, 2 and 3 to give ad hoc promotion to petitioner on the post of Lecturer in Psychology and pay salary to him on the post of Lecturer in Psychology with all consequential benefits.
(2.) At the very outset, an objection has been raised on behalf of respondents contending that prayers aforesaid are not liable to be considered for the reason that petitioner has already superannuated and the nature of relief sought in the writ petition cannot be granted now. It is also contended that respondent No. 4, who had been appointed against the post in question, has already been regularized vide order dated 3.5.1997, which is not under challenge. It is also stated that the challenge, as raised to the appointment of respondent No. 4, is otherwise grossly barred by latches, and is not liable to be sustained.
(3.) Facts, not in dispute, giving rise to filing of the writ petition are that Balbhadra Inter College, Pali Subhaspur, District Jaunpur, is a recognized institution under the provisions of Intermediate Education Act, 1921 and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, are enforced. Petitioner claims to have been initially appointed as a Teacher in L.T. Grade on 20.7.1967, whereafter he was confirmed. The qualifications possessed by petitioner is B.Sc. (Ag.), M.A. (Econ.) and M.Ed. One Sri Yagya Narain Pathak was a lecturer in the psychology, who took leave for three years w.e.f. 9.7.1988, on account of his appointment as principal in Navodaya Vidyalaya. On account of such leave a short term vacancy come into existence. Petitioner contends that by virtue of para 2 of the U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as 'Second Removal of Difficulties Order'), such vacancy was liable to be filled by way of promotion of permanent senior most teacher of the institution in the next lower grade. According to the petitioner, he possessed qualification of M.Ed., which was the qualification recognized for the purposes, and his claim was wrongly ignored and the Committee of Management proceeded to illegally make ad hoc appointment, by direct recruitment of respondent No. 4. It is also stated that such ad hoc appointment of respondent No. 4 made on 23.7.1988 did not proceed any advertisement of vacancy in daily newspapers having wide circulation.;