O.P.Garg, J. - (1.) By means of this writ petition, it is prayed that the order dated 1.3.1994, which is contained in Annexure 5 to the writ petition, passed by District Inspector of Schools (for short 'D.I.O.S.') Ghazipur--respondent No. 1 be quashed and the respondent No. 1 be commanded to release salary of the petitioner w.e.f. 31.12.1993 onwards.
(2.) Counter and rejoinder-affidavits have been filed. Dr. R. G. Padia, learned counsel for the petitioner, as well as, learned standing counsel for the respondent No. 1 were heard at a considerable length.
(3.) There is an institution Navli Inter College, Navli, district Ghazipur, which is duly recognised Intermediate College and is on the grants-in-aid list of the State Government. One Salig Ram Gupta who was working as permanent Lecturer in English retired on 30.6.1992 and in his place one Shiv Murat Singh was promoted from the post of Assistant Teacher in L.T. grade to the post of Lecturer in English. The appointment of Shiv Murat Singh was approved by D.I.O.S. on 20.7.1993. In the vacancy, which occurred on account of promotion of Shiv Murat Singh, as Lecturer in English, the petitioner was appointed as Assistant Teacher in L.T. grade, .after complying with the necessary formalities. A letter along with all the relevant documents was sent to the D.I.O.S. for according approval to the appointment of the petitioner, which was made to fill up the short term vacancy under the provisions of Removal of Difficulties Order (Second). 1981. The D.I.O.S., by the impugned order dated 1.3.1994, refused to grant the approval primarily on the ground that the process for filling in the vacancy caused on account of promotion of Shiv Murat Singh could not be commenced prior to 20.7.1993 on which date approval was granted to the appointment of Shiv Murat Singh. The impugned order has been challenged on the ground that the Management had full power to initiate the procedure for making appointment regarding a short term vacancy and that this can be done even before the actual vacancy arises, and that the vacancy would not occur on the date on which approval to the appointment of the teacher who was promoted as a Lecturer was accorded, but on the date the promoter incumbent actually joined.;