D.N. Patel, A.C.J. - (1.) This Letters Patent Appeal has been preferred by the appellant (original petitioner) whose writ petition being W.P.(S) No.6219 of 2014 was dismissed by the learned Single Judge vide judgment and order dated 27th June, 2016 whereby the prayer of this appellant to appoint him as a para teacher in another adjacent school was not accepted and hence, the appellant (original petitioner) has preferred the present Letters Patent Appeal.
(2.) Having heard the counsel of both the sides and looking to the facts and circumstances of the case, it appears that as per this appellant he was appointed as a para teacher on lump sum monthly honorarium from 18th June, 2006. The school in question where this appellant was appointed was closed with effect from 01.11.2008 because the said school could not fulfill certain criteria. It further appears from the facts of the case that thereafter representation was made by this appellant so that he may be absorbed in the adjacent school. It is submitted by the learned counsel for the appellant that other similarly situated few para teachers have been adjusted by respondentState Government. We are not accepting this contention for absorption of this appellant in the nearby school mainly for the reasons that:- (a) That this appellant was appointed only on a contractual basis. (b) This appellant is not a regularly appointed teacher against sanctioned vacancies. (c) Moreover, it appears that the rules of recruitment has also not been followed for the regular appointment on a post of teacher.
(3.) Thus, it appears that this appellant was not appointed as a regular teacher against sanctioned vacant posts. He was working only a contractual basis with a lump sum monthly honorarium. The school has been closed with effect from 01.11.2008 and hence his service cannot be adjusted in the nearby school, more particularly, when nothing is coming on record whether there is any vacancy in the nearby school or not. Moreover, those who are back door entrants in the public employment cannot be adjusted for the regular post of a teacher otherwise anything which cannot be done directly will be done indirectly.;