Amar Nath Varma, J. - (1.) These two petitions are typical of a spate of litigations which is coming to this Court in the shape of writ petition praying for a writ of mandamus directing the District Inspector of Schools of the concerned district to pay salary to ad hoc teachers for the period beyond 30th of June following the date of their appointment. The question raised in these petitions being identical they are being disposed of by a common judgment after hearing learned Counsel for the Petitioners as well as the learned Standing Counsel.
(2.) In each of these petitions coming to this Court the Petitioners grievance is that even though the U.P. Secondary Education Service Commission has not recommended any candidate for appointment Under the U.P. Secondary Education Services Commission and Selection Boards Act (U. P. Act No. v/s. of 1982), the District Inspector of Schools has stopped payment of salary to the Petitioner on the ground that their adhoc appointment made Under Sec. 18 of the aforesaid Act has automatically come to an end on the 30th of June following the date of such adhoc appointment in virtue of Clause (c) of Sec. 18(3) of U.P. Act No. v/s. of 1982. The Petitioners assert that they have been validly appointed Under Sec. 18 as adhoc teachers and their adhoc appointment having received the approval of the District Inspector of Schools their adhoc appointment should be deemed to be continuing till a candidate recommended by the Commission or the Board, as the case may be, joins the post. It is further asserted that no teacher has yet been selected by the Commission or, if selected, joined the post held by the Petitioner, that being so, it is urged, the District Inspector of Schools should continue to pay salary to the Petitioners even beyond 30th of June following the date of their adhoc appointment.
(3.) The learned Standing Counsel, on the other hand, submitted that upon plain terms of Clause (c) of Sec. 18(3) the adhoc appointment of the Petitioner must be deemed to have terminated on the 30th June following the date of such appointment and this is so even if no candidate has been selected or recommended by the Commission for substantive appointment.;