Arun Tandon - (1.) -Heard Sri Suresh Chandra Dwivedi, learned counsel for the petitioner, Sri A. K. Yadav, learned counsel for respondent No. 3, Sri S. C. Pandey, learned counsel for respondent No. 7 and learned standing counsel for State-respondents.
(2.) PETITIONER, Ram Singh, claims to have been appointed as C.T. Grade teacher on 26th December, 1988, in Antahpuri Inter College, Sabalpur, Kanpur Dehat (which is a recognised Intermediate College), on ad hoc basis against a short term vacancy, said to have been caused in the institution because of, leave without pay, having been sanctioned in favour of one Sri Awadh Bihari. Such appointment was approved by the District Inspector of Schools, Kanpur Dehat, under his order dated 25th February, 1989. Upto that day, the institution was not on the grant-in-aid list of the State Government. On record is an order dated 22nd December, 1992, wherein the name of the petitioner was included in the list of teachers approved for payment of salary under the provisions of U.P. Act No. 24 of 1971, as Assistant Teacher of the institution after the institution was taken on the grant-in-aid. It has been stated that the salary of the petitioner was, however, not released, resulting in Writ Petition No. Nil of 1992 being filed by him, wherein an interim order was passed by this Court dated 19th May, 1992, requiring the District Inspector of Schools to decide the representation of the petitioner for payment of salary, by means of a reasoned speaking order and in case decision is taken in favour of petitioner, he may be paid salary.
(3.) THE District Inspector of Schools, Kanpur Dehat, by means of the order dated 1st June, 1993, decided the representation of the petitioner and sanctioned the payment of salary for the period July, 1991 onwards. It has further been recorded in the order that the leave period of Sri Awadh Bihari was extended for 5 years, and the said period would expire on 14th February, 1989, therefore, a substantive vacancy in the institution would be caused on the said date. THE Manager of the institution has therefore, been directed to take necessary steps for requisitioning the vacancy to the U.P. Secondary Education Services Selection Board, Allahabad. Petitioner claims that he has been working since then and he has also been paid salary. On completing ten years of service, he was granted L.T. Grade under the order dated 31st July, 2003 passed by the District Inspector of Schools. In the meantime, one Phool Chandra Gupta was selected by the U.P. Secondary Education Services Selection Board, Allahabad and was appointed in the institution on 20th July, 2004, as Science Teacher. One Sri Ajeet Singh was similarly appointed in the month of October, 2005.;