A.P. Singh, J. - (1.) Present petition has been filed by a teacher on an Intermediate College, claiming payment of salary in the lecturers grade by virtue of his appointment in that grade by the management committee of the college (Smith Intermediate College, Azamgarh) in the lecturers grade as Geography Lecturer. The claim of the petitioner is mainly opposed by Ram Asrey Singh, another teacher who claims his appointment on the same post under the orders of the District Inspector of Schools. Therefore, in the present case dispute though relating to payment of salary is also on the question as to whether petitioner or respondent No. 3 is entitled to continue to work and receive payment of salary as Geography Lecturer in the college in brief the facts of the case may be stated as under. One Vijay Bahadur Lal Srivastava retired from service of the College on 30-6-1983 as a result the vacancy on the post of Geography Lecturer arose which was notified by the college management to the Commission and after expiry of a period of two months from the date when the vacancy was notified to the commission the management appointed the petitioner on the post on adhoc basis on 18-7-1983 as till that date the Commission (U.P. Secondary Education Services Commission) had not been able to select a candidate and recommend his name for appointment on the post. On 1-10-1983 the District Inspector of Schools, Azamgarh, in whose jurisdiction the college is situate, accorded his approval for petitioner's appointment but only for the period till regular appointment was made or till 30th June of the next year, notwithstanding the above limited approval petitioner continued to function till this Court intervened and discharged the stay Order on 30-1-1986 which petitioner had procured in his writ petition on 17-9-1985. In the meantime the Inspector of Schools recommended the name of respondent No. 3 for appointment against the same post vide his Order dated 6-9-85 which was addressed to the management of the college. On getting no reasons from the college management the Inspector of Schools himself, in exercise of his power under Section 213 of U.P. Secondary Education Services Commission Act, 1982, hereafter 1982 Act, on 16-9-85 appointed respondent No. 3 on these very post on which petitioner was already appointed and was working from before presumably for the reason that petitioner being an adhoc appointee and not regular one, had no right to continue on the post and his continuation on that post on which he was working was confined till the date a regular appointment either under Section 16 of 1982 Act or under any other provision, including under Section 21-B was made. Petitioner apprehending appointment of respondent No. 3 which was eminent in view of the letter dated 6-9-85 written to the management of the college by the Inspector of Schools took shatter in this Court and filed the present writ petition for the grant of relief which has already been referred to above. He did not, however, either refer to the letter to the Inspector of Schools dated 6-9-85 or to the danger he apprehended being inevitable from appointment of respondent No. 3 on the post on which he was working. This Court unaware of the letter of the Inspector of Schools on 17-9-85, a day earlier to the date on which respondent No. 3 was appointed, granted stay Order protecting petitioner's continuance on the post directing the Inspector of Schools and others to pay the salary to the petitioner. On an application of respondent No. 3 which was subsequently filed for vacating that interim Order the interim stay Order was discharged by this Court on 30-1-1986 where after respondent No. 3 replaced the petitioner and starts working and also getting salary as Lecturer of Geography or the college, petitioner thereafter filed an application for amending his writ petition so as to add facts, grounds and retire for grant of declaration that he stood regularised on the post of Lecturer of Geography of the college by virtue of his adhoc appointment on the post on 18-7-1983 as per the provisions of Section 33-A of 1982 Act.
(2.) With this, first part of the narration of the facts of the case ends. There are, however, some more developments which occurred in the case which must also be noticed.
(3.) Consequence to the passing of the Order by this Court vacating the stay Order at the instance of respondent No. 3 petitioner filed another writ petition being Civil Mis. Writ Petition No. 4424 of 86, Hari Shanker Rai v. State of U.P. and others . In this writ petition, which was summarily dismissed by one single word "dismissed" by this Court (Division Bench) on 8-4-87, petitioner had challenged the appointment of respondent No. 3 on the post which was held by him inter alia on the ground that the provision (Section 21-B), where under appointment of respondent No. 3 was made by the Inspector of School, was ultra vires. Petitioner also went to the Supreme Court of India and filed a special leave petition being No. 12687 of 1987 seeking the leave of the Supreme Court for challenging the Order of this Court dated 8-4-1987. The Supreme Court however declined the leave and dismissed petitioner's special leave petition in the following words 'The special leave petition is dismissed.";