LAWS(ALL)-1987-8-16

PRABHU Vs. DIRECTOR OF EDUCATION U P AT ALLAHABAD

Decided On August 18, 1987
PRABHU Appellant
V/S
DIRECTOR OF EDUCATION, U. P. ALLAHABAD Respondents

JUDGEMENT

(1.) VESTED interest of Committee of Management to continue its own ad-hoc appointee even after regular selection has been made by the Commission and failure of officials of education department to implement provisions of Section 17 of U. P. Act V of 1982, has not only delayed petitioner's appointment but has forced him to file this petition for a direction to opposite parses to appoint him as lecturer of Civics is National Inter College Kasimabad Ghazipur and pay him his salary at least from Feb. 87 when an order was passed in his favour by the District Inspector of Schools.

(2.) WHEN this petition was presented on 17th April, the petitioner was directed to serve the Committee of Management and Principal of the College to enable them to file Counter-Affidavit. And the learned Standing Counsel was directed to file reply on behalf of the opposite parties 1 to 3. But no counter-affidavit has been filed either by the opposite parties 1 to 3, opposite parties 4 & 5 who refused to accept notices. In the circumstances there is no option but to decide this petition after hearing the learned Standing Counsel.

(3.) IN the circumstances this petition succeeds and is allowed. A direction is issued to Deputy Director of Education to get the order implemented within two weeks from the date of a copy of order is produced before him.