Sabhajeet Yadav, J. - (1.) HEARD Sri A.K. Banerjee, learned Counsel for the petitioner, holding brief of Sri Shashi Nandan and learned Standing Counsel for the respondents. By means of this writ petition, the petitioner has sought a writ of mandamus directing the respondents to pay the salary to the petitioner. The relief sought in the writ petition rests on the facts that the petitioner was appointed as Lecturer on 29.7.1984 in Lokmanya Intermediate College, Jankinagar, Post Seorahi, District Deoria, on ad hoc basis. The said appointment of petitioner was made on ad hoc basis under the relevant provisions of U.P. Secondary Education Service Commission and Selection Board Act, 1982 and removal of Difficulties order issued thereunder.
(2.) THE appointment of petitioner was approved by District Inspector of Schools by letter dated 18.9.1984 till 30.6.1985 or till fresh selection/appointment is made by the commission on the post held by the petitioner. Feeling, aggrieved, by the aforesaid terms and conditions of the service limiting the duration of tenure of service he approached this Court by above noted writ petition. While entertaining the writ petition on 10.2.1986, this Court has passed the interim order to the effect that unless the services of petitioner were terminated in accordance with law or the candidate recruited by the Commission/Board joins the post held by the petitioner, he shall continue on his post. The District Inspector of Schools, shall treat the appointment of petitioner as continuing and the same did not automatically cease either under clause (a) or (c) of section 18(3) of U.P. Secondary Education Service Commission and Selection Boards Act, 1982 till further orders of this Court. Learned Counsel for the petitioner states that the petitioner is continuously working on the aforesaid post on the strength of the interim order granted by this Court and being paid regular salary but, on account of pendency of the aforesaid writ petition his claim of regularization has not been considered by the authorities of the department of education under the relevant provisions of the Act, though he is entitled to be considered for regularization in given facts of the case under the relevant provisions of the aforesaid Act.
(3.) IN view, of the facts and circumstances of the case, the respondents are directed to consider the claim of regularization of petitioner under the provisions of the aforesaid Act, by treating him in continuous service from the date of his appointment till that date. All the aforesaid exercise must be completed by the concerned District Inspector of Schools, within a period of three months. With the aforesaid observations, the writ petition stands disposed of finally.;