- (1.) JAGDISH Bhalla, J. Petitioner has filed this petition against the order dated 20-1-1986 which relates to the appointment of reserved pool teacher and ha prayed issuance of writ in the nature of mandamus commanding the respondents to pay salary of the petitioner from 1-7-1985 till date and go on paying the salary of the petitioner month to month as and when it falls due on the post of Lecturer in Sociology in the institution.
(2.) ACCORDING to the petitioner he is M. A. in Sociology and B. Ed. and is working as a duly approved L. T. Grade teacher since 1976 and was regularised under Section 16-GG, as such he has more than five years sub stantive service as L. T. Grade teacher. Therefore, he is entitled to be promoted as Lecturer. In the circumstances, the case of the petitioner was considered by the Committee of Management and was unanimously resolved to promote the petitioner from his L. T. Grade post to the post of Lecturer in Sociology. By order dated 1-2-1985 the said promotion of the petitioner was duly approved by the District Inspector of Schools only on ad HOC basis. According to the petitioner, the District Inspector of Schools should have treated the case of the petitioner as a. regularly promoted and should have forwarded to the Service Commission, but on a wrong action of law, the District Inspector of Schools, purportedly issued an order of approval only on ad hoc basis but the facts remain that the petitioner having been duly promoted on the said post of Lecturer in Sociology. It has been argued on behalf of the petitioner that by amendment in U. P. Secondary Education Service Commission and Selection Boards Act, 1982 (hereinafter referred to as the Act) with regard to reserved pool, teacher, the District Inspector of Schools has been conferred power for absorption of reserved pool teacher only when the said reserved pool teacher, if any, has worked during the stipulated strike period in the institu tion. In such circumstances, the reserved pool teacher can only be appoint ed by the District Inspector of Schools in the same District. According to the petitioner, the person appointed from the list of reserved pool teacher were from Gorakhpur and not from Deoria.
(3.) LEARNED Counsel for the petitioner further submits that it appears that some list of reserved pool teacher has been prepared by Deputy Director of Education, VII Region, Gorakhpur who has no right to prepare any such list. He further pointed out that it has not been indicated in the impugned order in which institution respondent No 3 has worked and paid salary during the strike period. Learned counsel for the petitioner in support of his argument also relied upon Section 21-C and 33 of the Act.;