- (1.) This Special Appeal is directed against the judgment and order dated 28 February 2018 by which a learned Judge of this Court has dismissed Writ A No.6698 of 1995 filed by the appellant for a direction upon the respondents to pay salary and permit the petitioner to sign the attendance register.
(2.) The learned Judge has recorded a finding of fact that the appellant was appointed as an Assistant Teacher against a substantive vacancy without following the procedure contemplated in the First Removal of Difficulties Order, 1981 and, therefore, the appointment was void ab initio.
(3.) It is contended by learned counsel for the appellant that the petitioner had been appointed against a short-term vacancy and not against a substantive vacancy and, therefore, there was no requirement for compliance of the provisions of the First Removal of Difficulties Order, which relates to appointment against a substantive vacancy. His contention is that the Second Removal of Difficulties Order was required to be complied with as it relates to appointment made against short-term vacancies and there is no requirement of publication in the two newspapers.;