- (1.) RAJESH Tandem, J. Heard Sri S. N. Babulkar, Sr. Advocate assisted by Sri Anil Bisht and Tumul Nainwal, Advocate for the appellant, Sri U. P. S. Negi, learned Additional Advo cate General for the respondents no. 1,2 and 3, Mr. Ashish Joshi, Advocate for the respondent No. 5 and none for the respondents no. 4 and 6.
(2.) PRESENT special appeal has been filed against the judgment dated 20th August, 2004 passed by the learned Sin gle Judge by which the writ petition filed by Krishna Kumar Phulera being Writ Petition No. 2583 of 2001 has been dis missed on the ground that his appoint ment was not in accordance with provi sion of Section 18 of the Uttar Pradesh Secondary Education Service Commis sion and Selection Board Act, 1982 (Act No. 5 of 1982 ). The petitioner no. I/appellant in the Writ Petition No. 2583 of 2001 (SS) has claimed the following reliefs : (i) to issue a writ, order or direction in the nature of mandamus com manding the respondents not to interfere in the working of the pe titioners as teachers in the Insti tution in pursuance of the illegal advertisement dated 28-6-95, and selection made by Commission. (ii) to issue a writ, order or direction in the nature of mandamus di recting the respondents not to in terfere in the working of the peti tioners if new incumbents come and join the Institution and, regu larize the services of the petition ers. (iii) to issue a writ, order or direction in the nature of mandamus com manding the respondents not to terminate the services of the pe titioners as the petitioners have already put in more than five years continuous service in clear and substantive vacancies. (iv) to issue any other writ, order or direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case. (v) to award costs of the petition to the petitioners. (vi) to issue a writ, rule or direction in the nature of mandamus com manding and directing to the re spondents to regularize the serv ices of the petitioners on the post of Assistant Teacher and to pay their salary including arrears of salary with effect from the date of their appointment i. e. 1 6-/-1 991 and 29-6-1993 respectively with future benefits and keep on paying their salaries month by month. (vii) issue a writ, rule, order or direc tion in the nature of Certiorari calling for the records and quash ing the impugned order dated 08-1 0-2003 (Annexure No. 9 ). " According to the case of the pe titioner on 1 6th July, 1991 , he was ap pointed as a teacher in LT Grade in English Subject as will appear from the appointment letter. The appointment letter shows as under : Hindi
(3.) ACCORDING to the petitioner, he joined the Institution on 19th July, 1 991 as a teacher and he is being paid the salary from the fund of the Teacher/ Guardian Association since the date of his joining. A counter affidavit was filed in the said writ petition by the Standing Counsel and it was denied that the ap pointment of the petitioner was in ac cordance with Section 18 of the Uttar Pradesh Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as the 'act' ).;