JUDGMENT R.A. Sharma, J. - Petitioner has filed this writ petition for writ of mandamus commanding the respondents to treat him as a permanent Assistant Clerk in the Sonidhapa Khandelwal Balika Inter College. May, Azarngarh (herein-after referred to as the College), and to pay him salary in accordance with law. 2. I have heard learned counsel for the petitioner and learned Standing Counsel and also the learned counsel for the committee of management, who has been impleaded as respondent No. 3. 3. The grievance of the petitioner is that although he was appointed Temporary Assistant Clerk on 1-3-1977 in the college and his services were later on confirmed on 8-8-1977 ; but even then the salary is not being paid to him without any justification. The Committee of Management has filed counter affidavit and the petitioner has filed rejoinder affidavit in reply thereto. 4. It appears that Sri Ram Bachan Chauhan was the Assistant Clerk in the college, who was involved in a criminal case, with the result he was suspended. After his suspension, it appears that the petitioner was appointed in his place as Assistant Clerk in the college. A copy of the appointment letter has been filed as Aunexure-I to the writ petition. 5. It further appears that in 1984 Ram Bachan Chauhan was acquitted in that criminal case and was reinstated by the Management, consequence of which was that the petitioner's services were terminated as he was appointed against the vacancy of Ram Bachan Chauhan, which arose on account of his suspension. In fact Regional Inspectress of Girls Schools, Gorakhpur has issued an order dated 27-9-1985 directing the management of the college to reinstate Ram Bacban Chauhan and issue consequential order terminating the services of the petitioner. This order was complied with the necessary orders were issued, whereby Ram Bachan Chauhan was reinstated and petitioner's services were terminated. Details of these orders have been given in the counter affidavit. 6. As the petitioner was appointed against the vacancy, which arose on account of the suspension of Ram Bachan Chauhan, services of the petitioner stand terminated automatically the moment Ram Bachan Chauhan is reinstated as there remains no vacancy to sustain the appointment of the petitioner. Details of these orders have been given in the counter affidavit. 6. As the petitioner was appointed against the vacancy, which arose on account of the suspension of Ram Bachan Chauhan, services of the petitioner stand terminated automatically the moment Ram Bachan Chauhan is reinstated as there remains no vacancy to sustain the appointment of the petitioner. An appointment made in a vacancy, which arises on account of suspension or termination of service of an old employee, is subject to an implied condition that if the old employee is reinstated, it will come to an end automatically. After reinstatement, there remains no vacancy to sustain the appointment and two persons cannot work against one and the same post. 7. For the reasons given above the writ petition lacks merit and is dismissed. There shall be no orders as to costs.