K.C. Agrawal, Om Prakash, JJ. - (1.) By this petition Smt. Madhuri Singh, who was a lecturer in Geography Department of T.D. College, Jaunpur, prays for mandamus directing the Deputy Director of Education Region, Varanasi, to pay her salary for the aforesaid post wrongfully withheld from August 1984, and further not to interfere in the discharge of her duties as lecturer.
(2.) The facts, briefly, are that the petitioner was appointed as a lecturer in 1977 in the leave vacancy of D.P. Upadliyaya, which continued up to 30th June, 1980. Before 30th June, 1980, Smt. Tara Devi Singh who was also a lecturer in the aforesaid Department, proceeded on leave. As against this leave vacancy, tire petitioner was appointed from 1st July, 1980. She continued on the aforesaid post till (sic) October, 1981 when Smt. Tara Devi Singh rejoined. Shitla Prasad, who was another lecturer in the Geography Department, in the mean time, proceeded on leave, as a result of which on 21st April, 1982, the petitioner was appointed in his leave vacancy. The appointment of the petitioner was purely temporary and it was made clear to her by means of the appointment letter itself that the same would be liable for termination at any time without notice. The petitioner's case was that she was permitted to continue by the Committee of Management, but unauthorised her payment of salary was not made after July 1984. The petitioner's case taken in the writ petition is that under Section 31 (3) (b) of the U.P. State Universities Act the petitioner became permanent and, consequently, she was entitled to be treated as such.
(3.) We are not inclined to accept the submission of the petitioner's counsel.;