B. L. Loomba, J. - (1.) -
(2.) ALL these writ petitions raise common questions of law and are, as such, taken up to be decided together. It may be useful to give brief reference to the facts of each of these cases. In W. P. 5642 of 86 the petitioner was appointed by the Committee of Management of the institution as Lecturer under order dated 20-12-1985. The District Inspector of Schools granted approval to this appointment under letter dated 6-1-1986. It is alleged that the appointment has been made under section 18 of the U. P. Secondary Education Commission and Selection Board Act, 1982 (U. P. Act No. 5 of 82). Petitioner's case is that this appointment can legally continue until a regular selected candidate from the commission becomes available and mandamus is claimed seeking command to the respondents to treat the petitioner to be in continued service until a regular selectee is made available by the commission. In Writ Petition No. 4525 of 86 also the appointment of the petitioner was made as Lecturer under the said section 18 and as per the claim raised he is entitled to continue till a regular selected candidate becomes available. The petitioner is aggrieved against orders of the opposite-parties where under the appointment is restricted to last upto 30th June of the year next to the year of appointment. In W. P. No. 4542 of 86 the petitioner was appointed in L. T. Grade under the said section 18 and the same plea of the entitlement to continue till a regular selectee from the commission becomes available. The petitioner is aggrieved against the order dated 27-5-1986/6-6-1986, Annexure-3 whereunder a reserve pool teacher has been directed to be appointed against this vacancy. This order of the District Inspector of Schools, Annexure-3 is sought to be quashed. The petitioner of W. P. No. 3326 of 85 was appointed in the C. T. grade under order dated 27-9-1984 under the Removal of Difficulties Order. The averment made is that no regular candidate has so far been selected by the commission and the petitioner is entitled to continue in service in C. T. grade until a regularly selected candidate becomes available. The petitioner in W. P. No. 3329 of 85 was appointed in the C. T. grade in the year 1982 on ad-hoc basis under the Removal of Difficulties Order and according to him he is entitled to continue till a regular selectee from the Commission/Board becomes available. He is aggrieved by the order of the District Inspector of Schools dated 27-6-1985 according to which the petitioner's appointment could not continue beyond 30-6-1985. In W. P. No. 3437 of 86 the petitioner was appointed under the Removal of Difficulties Order initially for six months then upto 30-6-1985 and again upto 30-6-1986 with break in service between 21-5-1985 to 26-7- 1985. Prayer is to have the order dated 1-3-1986, Annexure-5 quashed in so for as it places restriction on the continuance of the petitioner's appointment only upto 20-5-1986, writ of mandamus is also sought commanding the opposite-parties to allow the petitioner to continue till a regular appointee joins the post. Break in service between 21-5-1985 and 26-7-1985 is sought to be regularised. In W. P. No. 4537 of 86 the petitioner was appointed in C. T. grade on ad-hoc basis against the vacancy caused by the death of his father. His appointment was approved by the District Inspector of Schools vide letter dated 16-10- 1986. It was directed that the approval was for the period upto 30-6-1986. The grievance of the petitioner is that inaction of the District Inspector of Schools in not extending the term of appointment beyond 30-6-1986 is illegal and the prayer is for mandamus to allow the petitioner to continue till a regular selectee joins and for payment of salary beyond 30-6-1986. Petitioner in W. P. No. 4688 of 86 was appointed under section 18 of the Act by order dated 24-1- 1984, Annexure-1. Vacancy was notified to the Commission but no candidate is said to have been sele
(3.) T?d so far. The DisTricT InspecTor of Schools is direcTing The ManagemenT To repeaT The exercise of fresh appoinTmenT afTer 30Th June. The case of The peTiTioner is ThaT The peTiTioner can lawfully conTinue Till a regular selecTee from The Commission becomes available. In W. P. No. 311 of 86 the petitioner was appointed under section 18 of the Act with the stipulation that his appointment as Lecturer was to continue upto 30th June, 1986. The District Inspector of Schools issued an order dated 7-5-1986, Annexure-2 providing for appointment of respondent no. 3, a reserve pool teacher. The Committee of Management accordingly issued order dated 17-5-1986, Annexure-3 for termination of the petitioner's services. Validity of this termination order is challenged in this writ petition. W. P. No. 4325 of 86 has been filed by U. P. Vikasvadi Shikshak Manch through its President Sheo Nath Misra. Petitioners 2-11 are the teachers appointed in the various institutions at Lucknow under the Removal of Difficulties Order on ad-hoc basis. It has been pleaded that the ad-hoc appointees can continue in the post so long as a regular candidate selected by the Commission becomes available. The grievance of the petitioner is that the District Inspector of Schools has been issuing illegal orders directing the managements of the institutions to make appointments only for a period of six months or until 30th June of the next year whichever is earlier and it is also directed that fresh appointments may be made after 30th June. This writ petition has been filed with a view to safeguarding the interest of all the ad-hoc teachers whose services under the orders of the District Inspector of Schools concerned Committee of Management may be terminated on 30th June, 1986. It has been pleaded that all these teachers can continue so long as regular candidates selected by the Commission/Board becomes available. Prayer has been for mandamus directing the opposite-parties to issue necessary direction to all the District Inspector of Schools not to treat the ad-hoc teachers out of employment after 30-6-1986 and they may be paid salary month after month after 30-6-1986.;