- (1.) PARITOSH K. Mukherjee, J. In the present writ petition, the petitioner Km. Mamta Shah has challenged the impugned order of termination dated 23-5-1987, passed by the Principal, Government Girls Inter College, Gopeshwar, being respondent No. 3, set out at Annexure HI to the writ petition.
(2.) AT the time of admission of the writ petition, a Division Bench of this Court, consisting of Hon'ble B. N. Misra and S. K. Mookerji, JJ. on 24-7-1987 granted interim order to the effect that the petitioner shall continue in her post and shall be deemed to have continued as such after 20-5-1987. The aforesaid interim order, however, vacated by another Divi sion Bench of this Court, consisting of Hon'ble S. D. Agarwala and B. N. Misra, JJ. by order dated 10-12-1987, following the decision in Civil Misc. writ petition No. 13560 of mi-Ram Pal Prasad v. The State of U. P. , decided on 13-8-1987. But, later on the aforesaid vacation order was recalled on the prayer made by learned counsel for the petitioner.
(3.) SHORT facts which have been pleaded in the instant writ petition are as follows : In the year 1985 an advertisement was published for filling up G. T. Grade teachers against permanent vacancies. The petitioner applied in the said C. T. Grade post in the month of May, 1985 and interview took place by a duly constituted Selection Committee. The petitioner being a successful candidate was placed on waiting list. Thereafter in the month of January, 1987 the petitioner received an appointment letter dated 13-1-1987, in which it was mentioned that the petitioner is being appointed in Government Girls Inter College, Gopeshwar, against C. T. Grade perma nent vacancy, which has been caused by the promotion of Smt. Ramkali Bhandari, in L. T. Grade. It was also mentioned in the aforesaid appointment letter that the appointment of the petitioner was temporary till a permanent appointment is made. Immediately after receiving the aforesaid appointment letter of temporary nature, the petitioner raised a pertinent point that since the vacancy is permanent and regular, and for which interview has been made by a regularly constituted Selection Committee, the petitioner should be appointed as permanent employee, and not on temporary basis which has been annexed as Annexure II to the writ petition.;