Ashwani Kumar Mishra, J. - (1.) Petitioner's father Shiv Chandra Yadav was appointed as Assistant Teacher in Bapu Inter college, Seorahi, Mau. His appointment was approved by the District Inspector of School, Azamgarh on 15.10.1981. The District Inspector of Schools subsequently passed an order on 05.11.1981 cancelling the order dated 15.10.1981. This order was challenged by petitioner's father by filing Writ Petition No. 15579 of 1981 along with four other teachers including one Sri Vindhyachal, wherein, an interim protection was granted on 28.05.1982, pursuant to which, the petitioner's father continued. Ultimately the writ petition was disposed of on 13.01.2014 by following order :- "Heard Sri Arun Kumar Singh, counsel for the petitioners and the Standing Counsel for the respondents. The writ petition has been filed against the order of the District Inspector of Schools, Azamgarh dated5.11.1981 by which the approval for ad hoc appointment of the petitioner for a period of six months has been recalled. It has been stated that Shiv Chandra Yadav and Phul Chand, petitioner nos.1 and 2 were appointed in L.T. Grade, Ram Awadh Singh, Goverdhan Ram and Vindhyachal, petitioner nos. 3 to 5 were appointed in CT Grade in Bapu Uchchatar Madhyamik Vidyalaya, Simarahi, Azamgarh and the District Inspector of Schools, has granted approval for ad hoc appointment by order dated 15.10.1981. Subsequently, by the impugned order dated 5.11.1981 the aforesaid approval was recalled. In the writ petition an interim order dated 22.12.1981 was granted staying the operation of the order dated 5.11.1981. It has been stated that in pursuance of the interim order of this Court the petitioners continued in service. However, during the pendency of the writ petition Shiv Chandra Yadav, petitioner no.1, died on 9.6.2011, Phul Chand, petitioner no.2 attained the age of superannuation while Goverdhan Ram petitioner no.4 left service ten years ago and at present Ram Awadh Singh, petitioner no.2 and Vindhyachal, petitioner no.5 are working. No counter affidavit has been filed in the writ petition by the Standing Counsel. The counsel for the petitioners submits that on the basis of the interim order dated 22.12.1981 the petitioners are continuing in service in the college and are regularly working on the post on which they were appointed. He points out that in the similar circumstances, a Division Bench of this Court in Special Appeal No.345 of 2013 (Shambhoo Saran Singh and another vs. D.I.O.S. and others) decided on 21.2.2013 has directed the respondents to consider the claim of the petitioner for regularisation on the post in accordance with the provisions of U.P. Secondary Education Services Selection Board Act, 1982. The controversy in this writ petition is fully covered by the aforementioned judgment of this Court. Accordingly, the writ petition is disposed of with the direction to the petitioners to file a representation for their regularisation before the Regional Selection Committee within a period of three weeks from today. If such a representation is filed the Regional Selection Committee shall consider and decide the same in accordance with the provisions of Section 33-A of U.P. Secondary Education Services Selection Board Act, 1982 within another period of two months. In the meantime, status quo with regard to service of the petitioners shall be maintained."
(2.) The order dated 13.01.2014 was modified on 14.02.2017 and the order dated 05.11.1981 was set aside. The order dated 14.02.2017, modifying the earlier order is extracted hereinafter :- "Civil Misc. Modification Application No. 310875 of 2016. Allowed. In the order dated 13.1.2014 passed in Civil Misc. Writ Petition No.15579 of 1981 (Shiv Chand and others vs. District Inspector of Schools and others), "The order dated 5.11.1981 passed by District Inspector of Schools is set aside" shall be deemed to be added."
(3.) While the Writ petition No. 15579 of 1981 remained pending and petitioner's father was continuing under the interim protection granted by this Court, he died on 09.06.2001. The application for grant of compassionate appointment was moved by the petitioner and was duly forwarded to the higher officials. The District Inspector of Schools passed an order on 13.02.2003 appointing the petitioner on the post of Assistant Teacher in the institution concerned, on compassionate ground.;