- (1.) This writ petition has been filed by the petitioner assailing the order dated 30.1.1995 whereby the petitioner has been granted the benefit of promotion on the post of Lecturer (Economics) w.e.f. 19.12.1985 on the transfer of one Vinod Bhaskar Sharma, Lecturer (Economics). Briefly stated the facts of the case are that the petitioner was appointed as Assistant Teacher in the L.T. Grade in Shri Jawahar Lal Nehru Inter College, Garhi Pakki, Muzaffarnagar. The appointment of the petitioner was approved by the District Inspector of Schools by the order dated 24.10.1973 on probation of one year as indicated in the letter of the Management of the College dated 28.11.1973. It is also stated that the petitioner stood confirmed in the L.T. Grade to teach High School Classes w.e.f. 24.10.1974. It is also stated that by an order dated 11.11.1975 the petitioner was promoted to the post of Lecturer on ad hoc basis for six months. It is however stated that the petitioner was paid salary only of an Assistant Teacher from 24.10.1973 to 27.10.1975 although the vacant post of Lecturer was existing in the Institution during that period. It is also stated that the promotion of the petitioner as Lecturer was made under the U.P. Secondary Education (Removal of Difficulties) Order 1975 dated 18.8.1975. Thereafter the ad hoc appointment of the petitioner was extended up to 20.5.1977 by a letter dated 7.2.1977. The Committee of Management also informed the District Inspector of Schools that the petitioner had been given the benefit of the Removal of Difficulties Order. The letter dated 7.2.1977 has been filed as Annexure-5 to the writ petition. By an amendment dated 21.4.1977 Section 16-GG was introduced in the U.P. Intermediate Education Act, 1921 which provided that every teacher appointed in the Institution between August 18, 1975 and September 30, 1976 on ad hoc basis against a clear vacancy and possessing the prescribed qualifications or having been exampted from such qualifications shall, w.e.f. the date of commencement of this Section (16-GG), be deemed to have been appointed in a substantive capacity, provided such teacher has been continuously serving the Institution from the date of his appointment up to the commencement of this Section.
(2.) Heard Sri Rakesh Pande, learned counsel for the petitioner, Sri Lal Ji Pandey, learned counsel for the respondent no.2 and Sri Mata Prasad, learned counsel for the respondent no.1.
(3.) The submission is that the petitioner having been appointed on 28.11.1973 in the L.T. Grade and thereafter promoted in the Lecturer Grade in 1975 vide letter dated 11.11.1975 w.e.f. 28.10.1975 would in any case by operation of the provisions of Section 16-GG be treated to have been appointed in a substantive capacity since a vacant post of Lecturer (Economics) existed in the Institution. It is further contended by the learned counsel for the petitioner that Sri Vinod Bhaskar Sharma, who is alleged to have been appointed on the post of Lecturer (Economics) w.e.f. 25.4.1977, could not have been so appointed inasmuch as by a Government Order dated 25.2.1977, copy of which has been filed as Anneuxre-6 to the writ petition, a ban had been imposed on appointments in High School & Intermediate Colleges recognized by the government.;