PRAKASH DWIVEDI Vs. DISTRICT INSPECTOR OF SCHOOLS, BANDA AND OTHERS
LAWS(ALL)-1987-3-122
HIGH COURT OF ALLAHABAD
Decided on March 19,1987

PRAKASH DWIVEDI Appellant
VERSUS
District Inspector Of Schools, Banda And Others Respondents

JUDGEMENT

S.K. Dhaon, R.P. Singh, J. - (1.) The principal prayer is that the District Inspector of Schools, Banda may be directed to treat the petitioner as a teacher in the L. T. grade in the D. A. V. Intermediate College, Banda, pay him past salary and also the salary in future.
(2.) The averments are these - With the approval of the District Inspector of Schools, the petitioner was appointed as a teacher on ad-hoc basis, under Section 18 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 (hereinafter referred to as the Act). This appointment was to ensure till 20-5-1986 or till a regular appointment was made after the recommedalion of the Selection Commission which ever eventuality occurred first. The petitioner started teaching in the Institution from 1st March, 1986. The District Inspector of Schools stopped payment of salary to the petitioner from 21-5-1986 on the ground that his appointment came to an end on 20-5-1986. However, the Management continued to take work from the petitioner and recognised him as a teacher. No teacher has yet been selected by the Commission. Therefore, the question of Selection of the Commission having joined on the post held by the petitioner does not arise. The District Inspector of Schools refused to approve the proposal of the Management that the petitioner should be allowed to continue as a teacher on or after i'l-5-1986. Consequently he has stopped the payment of the salary to the petitioner.
(3.) We have heard the learned standing counsel in opposition to the writ petition.;


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