- (1.) Heard Sri P.N. Saxena, learned Senior Counsel assisted by Sri M.K. Mishra, learned counsel for the appellant, learned Standing Counsel on behalf of respondents No.2 and 3 and Sri V.K. Singh, learned Senior Counsel assisted by Sri Kakkar, learned counsel for respondent No.4.
(2.) Learned Single Judge has dismissed the writ petition filed by the appellant on the ground that the petitioner was appointed against a leave vacancy caused by leave granted to one Subhash Singh, who was substantively holding the post of Assistant Teacher, C.T. Grade. The petitioner could not have been appointed on L.T Grade against such vacancy. The Deputy Director of Education, Saharanpur has found that there was no vacancy in LT Grade. Thus there was reason to interfere with the order of the Deputy Director of Education impugned in the writ petition.
(3.) Earlier the petitioner had filed a Writ Petition No.34769 of 1995, which was disposed of vide order dated 1.3.2000. The matter was remanded back to the Deputy Director of Education to examine the cause as legality of the appointment of the writ petitioner. The Deputy Director of Education conducted an enquiry and found that the petitioner was given appointment after a notice was put up on the notice board and that there was no vacancy in LT Grade, as Shri Subhash Singh, on whose leave vacancy appointment was claimed was only a CT Grade post.;