ARJUN KUMAR JAISWAL Vs. DISTRICT INSPECTOR OF SCHOOLS AND ORS.

JUDGEMENT

(1.) The short question arising for determination in this special appeal directed against the judgment of a learned Single Judge of this Court is whether the vacancy against which the appellant was appointed by the Committee of Management was a short term vacancy as contemplated by the U. P. Secondary Education Services Commission ( Removal of Difficulties) (II) Order, 1981 or it was a substantive vacancy. The learned Single Judge has held that the said vacancy was a substantive one and not a short term vacancy and therefore the appellant could not be appointed in the manner done by the management. The appellant assails this finding and asserts that the vacancy was short term and the same could be filled in the manner adopted by the management. It is assorted that the procedure adopted conforms with the requirements of the aforesaid Removal of Difficulties Order. A few facts necessary for the disposal of the appeal may be noticed.

(2.) The dispute in the appeal pertains to the post of lecturer in Raja Ratan Sen Smarak Inter College, Nichaul, District Maharajganj The permanent Principal of this College died on 7th Jan., 1992. Sri Vishnu Deo Upadhyay a permanent lecturer in the College was appointed in his place on adhoc basis. This appointment was approved by the District Inspector of Schools, for short D.I.O.S., through his order dated 10th Sept., 1992. For filling the vacancy caused by the adhoc promotion of Shri Upadhya, the management invited applications. The appellant responded to the advertisement and applied for the post and was selected. The papers relating to his selection were sent to the District Inspector of Schools on 10th Jan., 1993. According to the appellant orders were passed by the DIOS within seven days and the management proceeded to issue him appointment order dated 27th Jan., 1993 and in pursuance thereof he joined the post on the same day Despite this appointment, the appellant failed to get salary. This compelled the appellant to approach this Court through the writ petition which has given rise to the present appeal On these facts, it has to be determined whether the vacancy was a short term vacancy within the contemplation of (II) Order referred to herein above or not.

(3.) In exercise of the power conferred under Sec. 33 of the U.P. Secondary Education Services Commission and Selection Boards Ordinance, the Governor promulgated Several Removal of Difficulties Orders. One of them is the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order. 1981 hereinafter referred to as (I) Order. Paragraph-2 of this order deals with vacancies against which adhoc appointment can be made. It runs as follows :