O.P.Garg, J. - (1.) Counter and rejoinder-affidavits have been filed. Heard Sri V. S. Dwivedi, learned counsel for the petitioner and the learned standing counsel on behalf of the respondent No. 1.
(2.) In the short-term leave vacancy, which had arisen on account of proceeding on leave by one Sri Ramanand Misra, who was a Lecturer in Physics in Gandhi Vidya Mandir inter College, Fatehpur (Etah), the petitioner Raghuvendra Babu Misra was appointed on 15.7.1989 under the provisions of U. P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981. The appointment of the petitioner was duly approved by the District Inspector of Schools (for short 'D.I.O.S.') on 16.9.1989. The petitioner was paid the salary and he continued to work. On 17.1.94, the petitioner received a letter from the Manager of the institution stating therein that the leave of Sri Ramanand Misra was going to be over on 31.1.1994, and, therefore, the petitioner shall be relieved from the post in case Sri Ramanand Misra joins.
(3.) The case of the petitioner is that under the newly added provisions of Section 33B in U. P. Secondary Education Service Commission Act, 1981, which came into force w.e.f. 7.8.1993, his ad hoc appointment in short-term vacancy is liable to be regularised. The petitioner, therefore, prays that the respondents be directed to regularise his services as Lecturer in Physics and that they be also commanded to pay arrears of increment since the year 1989. The respondent No. 1 has challenged the stand taken by the petitioner. It is alleged that the short-term vacancy was converted into a substantive vacancy on 8.2.1990 on which date. Sri Ramanand Misra was absorbed and confirmed as Head Master in Ucchattar Madhyamik Vidyalaya. Talesra (Aligarh) and that on the said date, the petitioner ceased to be a Lecturer in Physics.;