MANOJ MISRA,J. - (1.) These five special appeals are against judgment and order dated 02.04.2019 passed by learned Single Judge in four connected writ petitions, namely, Writ A Nos. 52277 of 2014; 48836 of 2016; 57215 of 2016; and 60494 of 2016. As common questions of law and fact are involved in these five appeals, with the consent of learned counsel for the parties, they were heard together and are being decided by a common order.
(2.) To have a clear understanding of the controversy, it would be apposite for us to have a glimpse of the facts and the rival contentions in the aforementioned writ petitions which have given rise to these appeals.
(3.) Sri Sunil Kumar Mishra (for short Sunil), the writ petitioner in Writ A Nos. 52277 of 2014 and 60494 of 2016, who is the appellant in Special Appeal No. 743 of 2019 (Old Defective No. 493 of 2019), Special Appeal No. 744 of 2019 (Old Defective No. 496 of 2019) and Special Appeal No. 745 of 2019 (Old Defective No. 498 of 2019), was appointed on 29.10.1985 as Lecturer in Chemistry in Madan Lal Inter College, Bisauli, Budaun (for short 'College') for a period of six months. His letter of appointment suggested that he was offered appointment on temporary basis against a leave /short-term vacancy. When his term of appointment was not extended beyond 30th June 1986, he filed Writ A No. 20807 of 1986 in which an interim order was passed on 17.12.1986 thereby providing that till his services are duly terminated or some one on the recommendation of the Commission joins the post held by him, his ad-hoc appointment in the Lecturer Grade shall be deemed to continue and he shall be entitled as such to the emoluments. Under this interim order, he was permitted to continue in service and was paid monthly salary. Thereafter, on 19.05.1992, his services were regularized w.e.f. 06.04.1991 by placing reliance on the provisions of Section 33-A of U.P. Act No. 5 of 1982. On regularization of his service, Writ A No. 20807 of 1986 was rendered infructuous. Consequently, by noticing the regularization order, dated 19.05.1992, Writ A No. 20807 of 1986 was dismissed as infructuous vide order dated 11.09.2006. It is the case of Sunil that since then the college authorities treated him as substantively appointed Lecturer and in the seniority list of Lecturers, published by the College on 08.08.2007, his name finds mention at serial no. 5.;