OM PRAKASH AWASTHI Vs. STATE OF U P
LAWS(ALL)-2009-4-249
HIGH COURT OF ALLAHABAD
Decided on April 16,2009

OM PRAKASH AWASTHI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Shashi Kant Gupta
(2.) WRIT Petition No. 60991 of 2006, O. P. Awasthi v. State of U. P. and others, inter alia, has been filed for quashing the appointment letters dated 18.5.2006 and 14.2.2006 issued in favour of respondents No. 6 and 7 (Narain Dutt Sharma and Bhagwat Saran) by the respondent No. 5 Authorized Controller/Committee of Management, C.A.S. Intermediate College, Fareedpur district Bareilly. Writ Petition No. 54934 of 2006, O. P. Awasthi v. State of U. P. and others, has been filed, inter-alia, challenging the order dated 8.9.2006 whereby the name of the respondent No. 5 Pramod Kumar Singh (in short "P. K. Singh") recommended by Selection Board for appointment, on the post of assistant teacher, L.T. grade (English) was intimated to the management of the institute by the District Inspector of Schools (in short "D.I.O.S."). Writ Petition No. 44499 of 2007, Bhagwat Saran v. State of U. P. and others has been filed, inter alia, for quashing the order dated 1.8.2007 whereby respondent No. 5 Om Prakash Awasthi, was allowed to re-join C.A.S. Intermediate College, Fareedpur, district Bareilly, (in short "College") as assistant teacher L.T. grade in English (in short "assistant teacher") in the light of interim order dated 21.11.2006 passed by this Court in Writ Petition No. 60991 of 2006.
(3.) THE background facts in nutshell are as follows : Om Prakash Awasthi (in short "O. P. Awasthi") was granted ad hoc appointment in pursuance of an advertisement issued on 8.6.1998 as provided under U. P. Secondary Education (Service Selection Board) Act, 1982 (in short "Act, 1982") and the rules made thereunder. The appointment of O. P. Awasthi was purely on ad hoc basis till a regularly selected candidate comes and joins the said post in the institution. He joined the institution on 6.7.1998. The requisition was sent by the Committee of Management of the college (in short "Management") on 6.12.2005, wherein seven posts of assistant teachers in L.T. grade including three vacancies of assistant teachers in L.T. grade in English were specified. By letter dated 8.9.2006, the D.I.O.S. in pursuance of the recommendation of the Selection Board directed the Management to appoint P. K. Singh, as assistant teacher in the college.;


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