- (1.) This Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules to assail the judgment dated 31 May 2012 of a learned Judge of this Court by which the Writ Petition filed by the appellant for quashing the order dated 16 May 2012 passed by the District Inspector of Schools, Deoria has been dismissed.
(2.) It transpires that respondent No. 5-Awadh Bihari Singh was earlier working as a peon in the institution. He was subsequently granted ad hoc appointment as Assistant Teacher. This ad hoc appointment was set aside by a learned Judge of this Court in Writ Petition No. 5338 of 2000 and the Special Appeal to assail this judgment was dismissed on 21 May 2012. The learned Judge held that even if the ad hoc appointment as Assistant Teacher was set aside, the said respondent No. 5 would continue on the substantive post on which he was appointed. The appellant had neither claimed appointment on the post of Peon or Assistant Teacher. He merely claims to be a member of the Society.
(3.) It is submitted by the learned counsel for the appellant that even the appointment of respondent No.5-Awadh Bihari Singh as Peon was bad in law as financial approval had not been granted. That was not an issue and even otherwise the respondent had continued to work and was drawing salary. It is only his ad hoc appointment that was in issue and that was set aside by the Court.;