Ajai Kumar Misra v. District Inspector of Schools, Kanpur Nagar
1991-01-03
OM PRAKASH
body1991
DigiLaw.ai
JUDGMENT Om Prakash, J. - Heard learned counsel for the parties. Affidavits having been exchanged between the parties, the writ petition is disposed of finally at the stage of admission itself. 2. The contention of the petitioner is that after the death of Deo Narain Awasthi, who was a lecturer in Hindi, there was a vacancy of that post and Sri Ram Asrey Awasthi, who was a teacher in L. T. grade, was appointed as a lecturer in his place with effect from i March 1988. This averment has been specifically made in Para. 15 of the writ petition. Sri Ram Asrey Awasthi having become a lecturer in place of Sri Deo Narain Awasthi, one Sri Ram Sewak Pandey, a C. T. grade teacher, was appointed in place of Sri Ram Asrey Awasthi and the petitioner was appointed a C. T. grade teacher in his vacancy. This is how the chain moved after the death of Sri Deo Narain Awasthi. These appointments were sent by the Principal of the relevant college to respondent 1 for approval. No approval was, however, accorded. The petitioner, thereupon, made a representation, which was rejected by respondent 1, on 2 October 1989 (annexure 7 to the writ petition). The stand taken by respondent 1 in annexure 7, was that none was appointed as a lecturer in the vacancy of Sri Deo Narain Awasthi and consequently there was no vacancy in the C. T. grade, as Sri Ram Sewak Pandey continued as C. T. grade teacher all through. The averment made in Para. 15 of the, writ petition that appointment of Sri Ram Asrey Awasthi as lecturer in place of Sri Deo Narain Awasthi was approved by respondent 1 was vaguely denied in the counter-affidavit and, therefore, it may be held that Sri Ram Asrey Awasthi was appointed as lecturer and in his place, Sri Ram Sewak Pandey, who was a C. T. grade teacher, was promoted in L. T. grade and this is how the vacancy arose in C. T. grade in which the petitioner was appointed.
Unless Sri Ram Asrey Awasthi is made permanent as lecturer, the vacancy in L. T. grade and C. T. grade will continue to be short term vacancy which could be filed in by the management and in case no approval was given by respondent I within the specified time, i. e., within a week, then the approval will be deemed to have been given. So, the appointment of the petitioner as a C. T. grade teacher with effect from 16 March 1988, when the management moved respondent 1 to seek approval, will be deemed to have been approved by respondent 1 and he becomes entitled to continue in service until a regularly selected candidate joins on the post. 3. In the result, the writ petition is allowed. The order, dated 2 October 1989 (annexure 7 to the writ petition), passed by respondent I is quashed and the respondents are directed to treat the petitioner in continuous service as ad hoc C.T. grade teacher with effect from 16 March 1988 and he will continue as such until his services are legally terminated and he shall be paid salary as and when it becomes due in future along with the arrears with effect from 16 March 1988, within a period of two months from the date a certified copy of this order is served on the respondents by the petitioner. 4. A copy of this order may be given to the learned counsel for the parties, on payment of usual charges, within four days.