C.K.Prasad, and Dilip Gupta, JJ. - (1.) ALL these appeals arise out of a common judgment dated 16.4.2009, passed in Civil Misc. Writ Petition No. 60991 of 2006, Civil Misc. Writ Petition No. 54934 of 2006 and Civil Misc. Writ Petition No. 44499 of 2007 and as such they were heard together and are being disposed of by this order.
(2.) SHORN of unnecessary details, the facts giving rise to these appeals are that Om Prakash Awasthi-writ petitioner-appel1ant (hereinafter referred to as 'the appellant') offered his candidature for appointment as Assistant Teacher on ad hoc basis in C.A.S. Intermediate College, Fareedpur, Bareilly (hereinafter referred to as 'the College') in response to an advertisement dated 8th of June, 1998 as provided under U. P. Secondary Education Service Selection Board Act, 1982. He was appointed on 6th of July, 1998 as L.T. grade teacher in English on purely ad hoc basis till a regularly selected candidate joins the said post in the College. The Committee of Management of the College (hereinafter referred to as 'the Management') sent requisition on 6th of December, 2005 for filling up seven posts of Assistant Teacher in L.T. grade including three vacancies of Assistant Teacher in English in the said grade. The U. P. Secondary Education (Service Selection Board (hereinafter referred to as 'the Selection Board') instead of advertising three posts of Assistant Teacher in English in the above grade, advertised only one post and Pramod Kumar Singh was recommended by the Selection Board for appointment. The District Inspector of Schools vide letter dated 8th of September, 2006 directed the Management to appoint Pramod Kumar Singh as Assistant Teacher in the College and accordingly Pramod Kumar Singh was appointed. The ad hoc appointment of the petitioner came to an end after the appointment of Pramod Kumar Singh as Assistant Teacher in the College in pursuance of the recommendation of the Selection Board. Aggrieved by appointment of Pramod Kumar Singh, the appellant filed Civil Misc. Writ Petition No. 54934 of 2006, Om Prakash Awasthi v. State of U. P. and others, who was arrayed as respondent No. 5 in the writ petition. It is relevant here to state that Narain Dutt Sharma and Bhagwat Saran, respondents No. 6 and 7 in Civil Misc. Writ Petition No. 60991 of 2006, Om Prakash Awasthi v. State of U. P. and others, offered their candidature for appointment to the posts of Assistant Teacher (English) in L.T. grade in response to the advertisement of 2004 issued by the Selection Board. They were duly selected. Narain Dutt Sharma and Bhagwat Saran were allotted Vishnu Intermediate College, Bareilly and Govind Ballabh Pant Intermediate College, Jigna, Abhaipur, Bareilly respectively and on the purported ground that the posts were not vacant in the aforesaid Colleges, vide appointment letter dated 14th of February and 18th of May, 2006 respectively, both Narain Dutt Sharma and Bhagwat Saran were adjusted in the present College. Om Prakash Awasthi then filed Civil Misc. Writ Petition No. 60991 of 2006, challenging the appointments of Narain Dutt Sharma and Bhagwat Saran, inter alia, contending that these selected candidates cannot be adjusted against the vacancies, which had not been advertised. This writ petition came up for consideration before a learned single Judge on 8th of November, 2006, when the following interim order was passed : "Standing counsel accepts notice on behalf of respondents No. 1, 3 and 4. Respondent No. 2 is represented by Sri A. K. Yadav, advocate. Issue notice to respondents No. 5, 6 and 7 fixing 21.11.2006 as the date of appearance. Petitioner to take steps by speed post, i.e., 14.11.2006. The issue with regard to the adjustment of teachers empanelled for a particular institution against vacancies, which have subsequently become available in other institutions and which have not been advertised is already engaging attention of this Court in Writ Petition No. 46861 of 2005. On the next date fixed respondent No. 2 shall produce all the original records on the basis whereof the order dated 26.10.2006 has been issued. Division Bench of this Court has already held that a selected candidate cannot be adjusted against a vacancy, which has not been advertised . Petitioner has made out a prima facie case for grant of interim order. Till the next date of listing, no further action shall be taken in pursuance to the letter of the Manager / Principal of the institution dared 18.5.2006 and dated 14.2.2006 nor the respondent Nos. 6 and 7 shall be paid their salary without leave of the Court. List on 21.11.2006."
(3.) THE appellant, Om Prakash Awasthi, after the aforesaid order dated 8th of November, 2006 was permitted to rejoin the College nearly after a lapse of one year vide order dated lst of August, 2007. Bhagwat Saran, aggrieved by the same, challenged the aforesaid order in Civil Misc. Writ Petition No. 44499 of 2007, Bhagwat Saran v. State of U. P. and others.;