- (1.) This Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 to assail the judgment and order dated 8 January 2018 of a learned Judge of this Court by which the writ petition filed by the appellant has been dismissed as the initial appointment made on ad hoc basis on 15 February 1996 on the post of Lecturer in the Jawahar Lal Nehru Inter College, Jaunpur (The Institution) was found to be in contravention of the provisions of law as also the Full Bench decision of this Court in Radha Raizada & Ors. Vs. Committee of Management, Vidyawati Darbari Girls Inter College & Ors.,1994 3 UPLBEC 1551.
(2.) It transpires from the records that a substantive vacancy arose on the post of Lecturer in the Institution on 30 June 1996 when Surya Narain Singh attained the age of superannuation. The writ petitioner claims to have been appointed as Lecturer on ad hoc basis under the provisions of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 (The First Order). When salary was not paid to the petitioner, he filed Writ Petition No.13529 of 1997 which was disposed of on 2 May 1997 with a direction to the District Inspector of Schools to decide the claim of the petitioner for payment of salary within two months in accordance with the decision rendered by the Full Bench in Radha Raizada. It transpires that the District Inspector of Schools by order dated 8 May 1997 granted approval to the payment of salary from the date the writ petitioner joined the Institution. However, payment of salary was stopped by the District Inspector of Schools on 12 May 1999. Writ Petition No.42275 of 1999 that was filed was allowed and the order dated 12 May 1999 passed by the District Inspector of Schools was set aside. It was, however, left open to the District Inspector of Schools to pass a fresh speaking order after hearing the writ petitioner in accordance with law. Pursuant to the aforesaid order, the District Inspector of Schools passed an order dated 30 March 2003 for payment of salary to the petitioner. However, a complaint was lodged that the petitioner was related to the Manager of the Institution and, therefore, the appointment was bad in law. The payment of salary was again stopped by order dated 24 June 2006. Feeling aggrieved, the petitioner filed Writ Petition No.35799 of 2006 which was disposed of on 12 July 2006 with a direction to the petitioner to approach the District Inspector of Schools and if such an application was filed, then an order was directed to be passed within one month from the date of production of a certified copy of the order.
(3.) The District Inspector of Schools then passed an order dated 1 February 2008 holding that the petitioner was not entitled for payment of salary as his ad hoc appointment in the Institution was bad in law. The petitioner then filed Writ Petition No.28544 of 2008 which was disposed of on 8 November 2010 with the following observations: "This matter involves seriously disputed questions of facts necessitating investigation into facts by adducing evidences. In the facts and circumstances of the case, I do not find it appropriate at this stage to enter into investigation of disputed questions of facts and, in my view, it would be appropriate to direct the Director of Education to look into this aspect of the matter and after affording opportunity of hearing to all parties concerned and considering the relevant evidences, as may be adduced or as he may find necessary for investigation of the matter, pass an appropriate order in this regard. The matter shall be decided by the Director of Education within two months from the date of production of certified copy of this order. The order of District Inspector of Schools, impugned in this writ petition, shall be subject to the final order passed by the authority, as directed above. The writ petition is disposed of with the above directions.";