- (1.) ARUN Tandon, J. Heard Sri J. P. Singh, Advocate on behalf of Surya Deo Rai, Sri S. P. Singh, Advocate on behalf of Devendra Nath Chaturvedi, Sri S. P. Pandey, Advocate on behalf of Ram Ashray Singh and learned Standing Counsel on behalf of State.
(2.) SINCE the basic facts, relevant for the dispute and the legal aspects involved are identical in all these writ petitions, they are being decided by this common judgment. The facts on record of Civil Misc. Writ Petition No. 52541 of 2005 are being stated for the purposes of present judgment treating the same to be the leading case. Civil Misc. Writ Petition No. 52541 of 2005 : Smith Inter College Azamgarh is an institution recognised under the provisions of U. P. Intermediate Education Act, 1921. The provisions of the said Act, Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971, and those of U. P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the teachers and staffs of the said institution. On 24th April, 1981, three post of Lecturers were created in the institution under order of the Deputy Director of Education, VII Region, Gorakhpur. In the letter of creation of posts, in column of special restrictions, it was provided that all three posts shall be filled by way of promotion from qualified L. T. Grade teachers. A note was also appended in the letter to the effect that a ban has been imposed on appointments of Principal and teachers in recognised institutions and therefore, no appointment be made against these posts till ban if lifted. Lastly it was provided that the District Inspector of Schools may himself satisfy about the 40% quota reserved for promotion and after promotion from L. T. Grade to Lecturers Grade, the vacancy caused in L. T. Grade shall not be filled.
(3.) ON 26th May, 1981 the ban, which was imposed qua appointment on the post of Principal and teachers in recognised institutions, was lifted. The Management of the institution in exercise of power under Regulation-5 (1) and (2) of Chapter-II of the Regulations framed under the U. P. Intermediate Education Act, 1921, passed a resolution for promotion of (i) Ram Dulare as Lecturer Hindi, (ii) Surya Deo Rai (petitioner) as Lecturer Art and (iii) Kailashpati Pandey as Lecturer Civics. The relevant papers qua promotion of the petitioner alongwith two other Lecturers were forwarded to the District Inspector of Schools, Azamgarh. No orders were passed on the papers so forwarded. On 10th July, 1981 the U. P. Secondary Education Services Selection Commission Ordinance, 1981 was promulgated, which conferred a power of ad hoc appointment/promotions upon the Committee of Management of the institutions in certain contingencies. In exercise of power under the aforesaid Ordinance, a fresh resolution was passed by the Committee of Management on 7th September, 1981, granting ad hoc promotion as Lecturer to the petitioner and other two teachers, referred to above. With reference to the said resolution of the Committee of Management dated 7th September, 1981, the salary of the petitioner and other two teachers was also fixed in Lecturers Grade under an order dated 6th October, 1981.;