Hirdai Narain Seth, J. - (1.) AS the transactions giving rise to these two petitions under Art. 226 of the Constitution are closely connected with each other, it will be convenient to deal with them together. Briefly stated the facts giving rise to the two petitions are as follows: Authorised Controller of S.A.V. Inter College, Bharthana (Etawah), vide his letter dated 21st October, 1975, appointed the petitioner Har Swarup Misra on the post of Assistant Mathematics Teacher (Trained Graduate) in temporary capacity. The petitioner joined his duties on 22nd October, 1975. While the petitioner was still serving as a teacher, he was, on 17th May 1976, informed by the Principal of the College that vide Government Order dated 17th February, 1976 his temporary appointment would stand terminated with effect from 30th June, 1976. In the meantime the State Government, on 26th June, 1976, issued another order on the subject and the petitioner was informed that his services stood extended upto 30th September, 1976. Thereafter, Principal of the Institution, vide his communication dated 31st August, 1976, relieved the petitioner from his duties.
(2.) BEING aggrieved by the order of the Principal relieving him from his duties, the petitioner filed writ petition No. 1584 of 1976 before this Court, on 7th October, 1976. He claimed that before the period of his temporary appointment came to an end on 30th September, 1976 the State Government had vide its order dated 24th September, 1976 extended the same upto 15th November, 1976. He therefore, prayed for a writ to quash the order of the Principal dated 30th September, 1976 and for other ancillary reliefs. The petitioner also obtained an ex parte interim order from this Court on 17th October, 1976, whereunder operation of the impugned order was to remain stayed till 15th November 1976. Subsequently, in view of some other orders passed by the State Government, this Court permitted the stay order dated 7th October, 1976 to continue to be operative till 31st December, 1976. On 11th January, 1977, the respondents filed a counter affidavit stating that after the ad hoc appointment of the petitioner had come to an end on 30th September, 1976., the post held by him was filled up by transferring one Sri Om Prakash Gupta, who was a teacher working in another College and there was thus no question of the petitioner continuing to be in the service of the Institution thereafter. In the meantime the State Government had on 21st January 1977, passed another order on the subject. The petitioner filed a rejoinder affidavit refuting the stand taken by the respondent and contended that by virtue of State Government's Order dated 21st January 1977, his services stood extended upto 20th May, 1977. According to him, the Management was wrongly preventing him from functioning as a teacher and was illegally withholding the salary which fell due to him after 31st December, 1976. He, accordingly, made an application praying that operation of the interim order dated 7th October, 1976 which had continued to be operative till 31st December, 1976 be further extended upto 20th May, 1977. However, this time, petitioner's application for further continuance of the interim order was rejected by the court on 8th February 1977 with an observation that the petitioner could if so advised, file a fresh petition for challenging the order transferring Sri Om Prakash Gupta to fill up the post held by the petitioner. The petitioner then filed the connected petition No. 328 of 1977 before this Court on 14th March 1977 and claimed that the order transferring Sri Om Prakash Gupta to fill up the post occupied by him was vitiated as the name had been passed in contravention of various statutory provisions and prayed that it may be quashed and the respondents be directed to permit him to work as a teacher and to pay him his salary.
(3.) BEFORE the two petitions could come up for hearing, Governor of the State issued Ordinance No. 5 of 1977. The petitioner now claims that in view of the provisions contained in the ordinance, he has acquired the status of a permanent teacher of a Institution, in a substantive capacity, with effect from 21st April, 1977.;