- (1.) S. U. Khan, J. Heard learned Counsel for the parties.
(2.) PETITIONER claims to have been appointed as C. T. Grade teacher in Jawahar Lal Nehru Inter College, Garhi Pakki Muzaffamagar, initially on 1. 1. 1985/15. 1. 1985 on ad hoc basis which was to remain in operation until 30. 6. 1985. According to the petitioner he was again appointed as such on 6. 8. 1985 and the appointment was to remain in operation till 30. 6. 1986. PETITIONER filed this writ petition complaining that after 30. 6. 1986 he was not being permitted to work. An interim order was passed in this writ petition on 23. 8. 1986 directing that "till further order of the Court services of the petitioner shall not be deemed to have come to an end only because 30th June, 1986 has intervened. He shall continue. " According to the petitioner he was appointed on ad hoc basis under sec tion 18 of U. P. Secondary Education Services Selection Board Act, 1982, after following the procedure prescribed under Removal of Difficulties Order 1981. Annexure-1 to the writ petition is a letter by D. I. O. S. dated 15. 1. 1985 ad dressed to the Manager of the college. Approving the appointment of the peti tioner w. e. f. 1. 1. 1985 till 30. 6. 1985. Similarly Annexure-2 is letter of D. I. O. S. to the Manager of the college dated 6. 8. 1985 approving the appointment of the petitioner w. e. f. 30. 7. 1985 till 30. 6. 1986. This writ petition was dismissed in default on 3. 11. 2003 thereafter restoration application was filed on 12. 7. 2006. Petitioner worked until July, 2006. However, thereafter, he is not being permitted to work. Writ petition was restored on 5. 8. 2008.
(3.) AS on 29. 7. 1986 Prabandh Sanchalak had been appointed hence in this writ petition which was filed thereafter i. e. , on 23. 8. 1986, Administrator/prabandhak was impleaded as respondent No. 2 and Committee of Management was not impleaded. The Committee of Management has filed counter-affidavit (in or about 1989 Committee of Management was restored ). Learned Counsel for Committee of Management has strongly relied upon Annexure-C. A.-l and C. A.-2 which are letters by D. I. O. S. to the Manager dated 21. 6. 1986 and by Deputy Director of Education, Meerut dated 29. 7. 1986. Through the first letter by D. I. O. S it was stated that the last elections were held on 27. 6. 1985 and accordingly recom mendation was being made to the Deputy Director of Education to appoint au thorised Controller. Thereafter through Annexure-C. A. 2 order dated 29. 7. 1986, authorised Controller was appointed. According to the learned Counsel for the Committee of Management the appointment of petitioner by Manager of the Committee of Management whose term had expired was void ab initio.;