- (1.) The order dated 6.7.1995 disapproving the extension of ad hoc appointment of the Petitioner as Lecturer with effect from 19.4.1990 was challenged by this writ petition. The background of the case, as available from the writ petition, is that the short-term vacancy on medical leave of Smt. L.R. Mishra was filled up by the Petitioner upon his selection following an advertisement. The appointment of the Petitioner was by letter dated 1.1.1990 in the post of Lecturer in Economics. The Respondent No. 5, and Assistant Teacher in J.T.C. grade, appointed on 31.1.1973 was granted promotion in C.T. grade, with effect from 31.1.1978 and became entitled to L.T. grade after ten years with effect from 1.2.1988 on completion of ten years of service in C.T. grade. The Respondent No. 5 moved Writ Petition No. 10393 of 1994 challenging the order of the District Inspector of Schools refusing the claim of the Respondent No. 5 for her pay fixation in L.T. grade, with effect from 1.1.1986. As the Respondent No. 5 did not possess the requisite qualification for L.T. grade, the Petitioner moved an impleadment application in the said writ petition and got herself impleaded on 4.10.1994. The Respondent No. 5 moved another writ petition challenging the ad hoc appointment of the Petitioner which was disposed of ex parte on 7.2.1990 with the observation that the Respondent No. 5 had an alternative remedy. The Respondent No. 5 wrongfully availed of the said alternative remedy. Upon the death of Smt. L.R. Mishra, a short-term vacancy, wherein the Petitioner was appointed, was converted into a permanent vacancy and the same was notified to the Commission. Upon conversion of leave vacancy into a substantive one, the Petitioner became entitled to continue on ad hoc basis till a candidate recommended by the Commission joined the post. The Respondent No. 5 made a claim for her promotion in the said substantive vacancy and her representation was allowed by order dated 27.6.1990 on a representation by the institution putting forward the relevant facts. The Deputy Director of Education by order dated 21.7.1990 upheld the ad hoc appointment of the Petitioner. Same was challenged by the Respondent No. 5 in Writ Petition No. 19052 of 1990 wherein an ex parte stay order was obtained. The Petitioner was put into a precarious position and preferred a Writ Petition No. 17217 of 1992 for payment of her salary with effect from 22.1.1990 whereupon an ad interim mandamus was issued. The Writ Petition No. 19052/90 and Writ Petition No. 17217/92 were considered for admission whereupon the Writ Petition No. 19052 of 1990 was allowed as no opportunity was granted for hearing the Respondent No. 5 and the matter was remanded. In Writ Petition No. 17217 of 1992, direction for payment of salary was made. Special Appeal No. 193 of 1993 filed by the Respondent No. 5 against the interim order for payment of salary to the Petitioner, was ultimately dismissed by order dated 2.2.1995. The appeal by the Petitioner against the order passed in Writ Petition No. 19052 of 1990 was also dismissed. The Deputy Director of Education by order dated 6.7.1995 disapproved the extension of ad hoc appointment of the Petitioner and held the Respondent No. 5 to be entitled for promotion in the post of Lecturer (Economics). This order was challenged in the present writ petition.
(2.) The Respondents contested the proceeding and filed counter-affidavit disclosing various materials. The Petitioner filed her rejoinder affidavit as also a supplementary affidavit.
(3.) Heard the learned Counsel for the parties. Parties agreed to final disposal of the writ petition at the stage of admission as affidavits have been exchanged.;