Rakesh Tiwari - (1.) -In these connected writ petitions, common questions of law and facts are involved, as such, they are being decided by this common judgment.
(2.) P.M.V. Polytechnic Mathura (hereinafter referred to as 'the institution') is governed by the provisions of U. P. Pravidhik Shiksha Adhiniyam, 1962 as amended in 1974 (hereinafter referred to as 'the Adhiniyam'). The institution receives aid from the State Government and is managed by a Committee of Management as provided under Section 22D of the Adhiniyam. The Principal of the institution is ex-officio Secretary of the Committee of Management which stood superseeded at the time of institution of the writ petition and was being managed by the Authorized Controller. The petitioner claims that he was initially appointed as Instructor in Mechanical Engineering on ad hoc basis w.e.f. 20.1.1987 and was allowed to continue as such till 14.6.1987. Thereafter his services were terminated. After summer vacations, he was reappointed on the same post w.e.f. 9.7.1987 and continued as such till 31.8.1987 when his services were terminated then by the Management. The petitioner claims that another post of Workshop Instructor (Welding) was lying vacant in the institution since 1986 and he as appointed on the said post on ad hoc basis on 26.12.1988. The appointment letter, appended as Annexure-1 to the Civil Misc. Writ Petition No. 12618 of 1990 provides that his appointment shall continue till a regularly selected candidate joins the post or till the end of the session.
(3.) THE services of the petitioner were again terminated vide order dated 25.5.1989 w.e.f. 31.5.1989 and he was reappointed after summer vacations vide letter of appointment dated 25.7.1989. Thereafter, Director of Technical Education issued a circular letter dated 12.9.1985 directing that all the ad hoc appointments in the Government aided Polytechnic be terminated at the end of the session. The letter also directed the Committees of Management of various Polytechnic institutions to make regular appointments before the commencement of new academic session.;