Sudhir Agarwal, J. - (1.) This writ petition has been filed by Ram Pal Singh challenging order dated 01.01.1993, passed by District Inspector of Schools, Meerut (hereinafter referred to as 'DIOS') holding that petitioner was temporarily appointed in a short term vacancy caused due to absence of one Harbir Singh for the period 01.07.1985 to 31.07.1985 only. Petitioner has also challenged order dated 04/05.03.1994 deciding petitioner's representation, rejecting the same and confirming order dated 01.01.1993.
(2.) Dispute relates to appointment on Class III post (Clerk), in Vedic Higher Secondary School, Faizpur Nainana, District Meerut (hereinafter referred to as 'College'). Aforesaid college is a Secondary Educational Institution recognized by U.P. Board of High School and Intermediate Education and is governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act, 1921') and Regulation framed thereunder. College is also in grant-in-aid for the purpose of payment of salary to its teaching and non-teaching staff and governed by U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as 'Act, 1971').
(3.) One Harbir Singh, Clerk, working in College proceeded on one year's leave without pay with effect from 1.1.1984 to 31.12.1984. To fill in aforesaid leave vacancy, an advertisement was published on 10.06.1984 in the daily news paper "Dainik Prabhat". Besides other candidates, respondent-4, Sahendra Singh Panwar also applied for appointment in the aforesaid leave vacancy. Instead of completing aforesaid selection, Appointing Authority made temporary promotion of a Class IV employee i.e. Ompal Singh Tomer.;