S.U.Khan, J. - (1.) HEARD learned counsel for the parties.
(2.) IN this writ petition on 05.01.1982 an interim order was passed staying the operation of the impugned order dated 15.12.1981. Thereafter writ petition was dismissed by a detailed order dated 19.08.1998. However, it appears that petitioner's counsel was not present when the said order was passed. Thereafter review/recall application was filed which was allowed on 16.09.2006 and order dated 19.08.1998 was recalled. Thereafter, writ petition was again dismissed in default on 10.08.2007. Said order was set aside on 03.10.2007. Learned counsel for the petitioner has stated that either the petitioner will attain the age of superannuation (62 years) shortly or he has already attained the age of superannuation, however, getting the benefit of the session he would retire on 30.06.2009. According to the petitioner he was appointed as Lecturer (Hindi) in Sardar Patel Inter College Sondhi, Luxmipur, Gorakhpur by order of D.I.O.S. dated 21.07.1972 for the period ending with 30.06.1973 on temporary basis on the additional post of Hindi lecturer. Further case of the petitioner is that a new post had been created/sanctioned hence instead of temporary appointment he should have been given permanent appointment and placed on probation.
(3.) IT may be mentioned that under U.P.High School Intermediate Colleges (payment of salaries of teachers and other employees) Act 1971 (U.P.Act no.24 of 1971) the power to sanction a new post was initially with D.I.O.S. as per definition of teacher given under Section 2(e) of the said Act. However, by Section 19 of U.P. Act no.26 of 1975 Section 9 of the U.P. Act no.24 of 1971 was substituted and it was provided that no institution shall create a new post of teacher or other employee except with the previous approval of the director or such other officer as may be empowered in that behalf by the Director. Accordingly, until 1975 D.I.O.S. was authorised to create a new post.;