Shailendra Kumar vs Distt.Inspector of Schools,Varanasl & Ors.

Sudhir Narain, J.—The petitioner seeks writ of mandamus commanding the( respondents to pay salary to the petitioner even after 14th May, 1997 treating him to be continuing in service as Assistant Teacher in L.T. grade.

The version of the petitioner is the a short term vacancy occurred on account of leave taken by one Ram Charitra Singh on 19121996 who was functioning as Assistant Teacher in L.T. grade in Man; Mana Malviya Inter College, Bachchhaon Varanasi (hereinafter referred to as the institution).

The Committee of Management o the institution made selection for appointment on the short term vacancy. The petitioner applied for appointment to the said post. He was selected by the Selection Committee and was given appointment letter on 23121996. The petitioner joined the duties on 211997. The Committee of Management passed resolution approving the selection of the petitioner till 14th May, 1997.

On 3061997 Ram Charitra Singh retired from service and substantive vacancy arose. Prior to his retirement the Committee of Management had passed resolution to continue the petitioner. The intimation was given to the District Inspector of Schools but he has not granted any financial approval.

Learned counsel for the petitioner has placed reliance upon the decision Km. Meena Singh v. District Inspector of Schools, Jaunpur and another, 1994 (3) UPLBEC 1653, where in it was held that where a teacher has been duly appointed against short term vacancy under Para 2 of the Second Removal of Difficulties Order, 1981, would be entitled to continue even after the vacancy is converted into a substantive one by reason of resignation, retirement, death or otherwise till such time as a candidate selected for regular appointment turns up to join the post held by ad hoc appointee unless his services are terminated earlier on grounds connected with misconduct, unsuitability or bona fide abolition of post.

In Radha Raizada and others v. Committee of Management, Vidyawati Darbari Girls Inter College and others, 1994 (3) UPLBEC 1551, a Full Bench of this Court has taken the view that the procedure for making appointment to short term vacancy and substantive vacancy are entirely different. An ad hoc appointment to a substantive vacancy could be made only through selection by the District Inspector of Schools as provided under Para 5 of the U.P. Secondary Education Service Commission (Removal of Difficulties) Order 1981. If such vacancy has arisen, the Committee of Management is bound to intimate the vacancy to the Commission and only there after the procedure would be followed for making the appointment.

The petitioner can make representation to the District Inspector of Schools, along with certified copy of this order and true copy of the writ petition. On such representation being made the District Inspector of Schools shall pass appropriate order in regard to making ad hoc appointment. As regards the period between the order is passed for any appointment on ad hoc basis, it will be open to the District Inspector of Schools to extend the period of teaching of the petitioner for a fixed period.

The writ petition is accordingly disposed of with to the direction given above. Order accordingly.