R.A. Sharma, J. - (1.) The petitioner was appointed vide letter dated 3-10-1988 was lecturer in leave vacancy in the department of Politics in Nagarpalika Girls Degree College, Kasganj Etah (hereinafter referred to as the College) for the period ending on 30th June, 1989 The period of her appointment has been extended from time to time by various orders upto 25th January 1991. By letter dated 24-1-1991 the petitioner was informed by the Principal of the College that as her appointment is upto 25-1-1991, her service will he terminated from 25-1-1991. Being aggrieved by it the petitioner filed writ petition No. 3331 of 1991 in which this Court on 30-1-1991 passed the following order: "Issue notice. Until further orders of this Court or until Smt. Surendra Kaur assumes charge or until regularly selected candidate by the Commission joins the post, the operation of the order dated 24-1-1991 (Annexure-9 to the writ petition) passed by the respondent No. 5 will remain stayed and the petitioner shall be paid salary as admissible to her under the rule."
(2.) Pursuant to the above interim order the petitioner continued to work and has also been paid her salary upto 29-2-1992, on which date Smt. Surendra Kaur, in whose leave vacancy the petitioner was appointed, joined the College. On 29-2-1992 the petitioner handed over the charge of the post to Smt. Surendra Kaur. Thereafter the petitioner ceased to be the teacher of the College. Smt. Surendra Kaur, however, resigned on 15-3-1992. Being aggrieved by the order dated 29-2-1992 the petitioner has filed the second writ petition No. 17018 of 1992.
(3.) The learned counsel for the petitioner has made three submissions viz. (i) the petitioner is entitled to continue in service till a candidate duly selected by the Higher Education Service Commission joins the post; (ii) the order dated 29-2-1992 requiring the petitioner to hand over the charge to Smt. Surendra Kaur has been passed in colourable exercise of power ; and (iii) the petitioner is liable to be treated as a regular teacher.;