SIDDHARTH,J. - (1.) Heard Sri Indra Raj Singh, learned Counsel for the petitioner and Sri D.S.M.Tripathi, learned Counsel for the respondents.
(2.) The above noted writ petition has been filed by the petitioner seeking quashing of the order dated 21.01.1997, passed by the Deputy Director of Education, XIVth Region, Azamgarh, respondent no.1, whereby the prayer of the petitioner for adhoc promotion on the post of Lecturer in Psychology has been turned down. A further prayer for directing the respondent nos. 1, 2 and 3 to give adhoc promotion to the petitioner on the post of Lecturer in Psychology and payment of salary and other consequential benefits of the post has also been made. The Counsel for the petitioner has pointed out that during the pendency of the writ petition, the petitioner has retired and therefore, he may be granted the benefits of notional promotion on the post of Lecturer in Psychology from the date, he became entitled to be appointed as adhoc Lecturer and subsequently permanent Lecturer in Psychology in the Institution.
(3.) The brief facts of the case of petitioner are that Balbhadra Inter College, Pali Subhaspur, District Jaunpur, is a recognized institution under the provisions of Intermediate Education Act, 1921 and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act , 1971, are applicable. Petitioner claims to have been initially appointed as a Teacher in L.T. Grade on 20.07.1967, whereafter he was confirmed. The qualifications possessed by petitioner is B.Sc. (Ag.), M.A. (Econ.) and M.Ed. One Sri Yagya Narain Pathak was a Lecturer in Psychology, who took leave for three years w.e.f., 9.7.1988, on account of his appointment as principal in the Navodya Vidyalaya. On account of such leave a short term vacancy come into existence. Petitioner contends that by virtue of para 2 of the U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as '' Second Removal of Difficulties Order'), such vacancy was liable to be filled by way of promotion of permanent senior most teacher of the Institution in the next lower grade. According to the petitioner, he possessed qualification of M.Ed., which was the qualification requirement for the purposes, and his claim was wrongly ignored and the Committee of Management and it proceeded illegally to make adhoc appointment of respondent no.4, Sri Satya Prakash Dubey, by direct recruitment. It is also stated that such adhoc appointment of respondent no.4 made on 23.07.1988, did not precede any advertisement of vacancy in daily newspapers having wide circulation.;