Ashok Bhushan, J. - (1.) Heard counsel for the petitioner and the learned standing counsel. With the consent of counsel for the parties, the writ petition is being finally decided.
(2.) By this writ petition the petitioner has prayed for quashing the order dated 7.9.1990 passed by the District Inspector of Schools refusing to approve the ad hoc appointment of the petitioner as C.T. Grade teacher. A mandamus has also been sought directing the respondent to pay salary and other allowances to the petitioner.
(3.) Brief facts necessary for deciding the writ petition are: Chacha Nehru Higher Secondary School Majhawan, Kanpur City Kanpur is a recognized aided institution. One Krishan pal Singh who was working as Assistant Teacher C.T. Grade, died on 23.11.1988. After his death the information of vacancy was communicated to the District Inspector of Schools and thereafter the Committee of Management made ad hoc appointment of the petitioner vide appointment order dated 27.1.1989 and the papers were forwarded to the District Inspector of Schools for approval of the ad hoc appointment of the petitioner. The District Inspector of Schools did not pass any order. A writ petition was filed by the petitioner in this Court being writ petition No. 17595 of 1990. This Court vide its order dated 30.7.1990 directed the District Inspector of Schools to take decision on the claim of the petitioner. The District Inspector of Schools by the impugned order dated 7.9.1990 did not approve the ad hoc appointment of the petitioner as Assistant Teacher C.T. Grade . Two reasons have been given by the District Inspector of Schools while refusing to approve the appointment of the petitioner. The first reason given by the District Inspector of Schools is that the power of ad hoc appointment is not with the Committee of Management and the same is vested only with the District Inspector of Schools; hence the appointment of the petitioner cannot be approved. The second reason given by the District Inspector of Schools is that by the Government order dated 11.8.1989 the C. T. Grade has been declared as dying cadre hence the petitioner's appointment as Assistant Teacher in C.T. Grade cannot be approved.;