S.U.KHAN, J. - (1.) HEARD learned counsel for the parties.
(2.) PETITIONER claims to have been appointed as lecturer in English on a short term vacancy in Sardar Ballabha Bhai Patel Inter College, Haldharpur, Disrict Mau. The college is privately managed but aided by the Government and is governed by the following Acts: 1. U.P. Intermediate Education Act, 1921 2. U.P. Payment of Salaries Act, 1971 (Act No.24 of 1971) 3. U.P. Secondary Education Services Selection Board Act, 1982. According to the petitioner, Sri Paras Nath Singh a lecturer of the college went on leave giving rise to the short-term vacancy. It has further been stated in Para-5 of the writ petition that short-term vacancy was advertised in English newspapers 'Rashtriya Chinha' published from Gorakhpur and 'Anchalik' published from Ghazipur on 15.12.1994. According to the Para-7 of the writ petition, petitioner was selected on 01.01.1995 by the Committee of Management. At the relevant time, appointments on short-term vacancies were governed by U.P. Secondary Education Services Commission (Removal of Difficulties) Second Order, 1981 (hereinafter referred to 'second order'). Annexure-1 to the writ petition, the alleged appointment letter is signed only by the Manager and it does not state that Committee of Management had passed any resolution for appointment of the petitioner. It has further been alleged that on 16.01.1995, Manager sent letter to the D.I.O.S. seeking financial approval.
(3.) EARLIER also petitioner had filed W.P. No.12918 of 1996 for payment of his salary, which was disposed of on 01.05.1997 with the direction to the D.I.O.S. to decide the representation. D.I.O.S. passed an order on 24.08.1998 granting financial approval. Said order is Annexure-2 to the writ petition.;