JUDGMENT Hon’ble Rakesh Tiwari, J.—Heard counsel for the petitioner and the Standing Counsel. 2. Uchchtar Madhyamik Vidyalaya, Marhi, Jaunpur (hereinafter referred to as the institution) is a recognized and aided institution and receives grant-in-aid from the State. Provisions of U.P. Intermediate Education Act, 1971 are applicable to it. 3. Sri Fauzdar Singh, an assistant teacher in the institution was sanctioned medical leave with effect from 1.9.1998 to 30.6.1999. Thus, a short-term vacancy arose and was advertised on 6.9.1998 in daily newspaper “Aaj” and on the same day in another newspaper “Tarun Mitra”. The petitioner claims that being qualified he applied for the post and was selected by the selection committee on the basis of quality point marks and interview which took place on 21.9.1998. Accordingly, papers regarding selection of the petitioner in the leave vacancy of Sri Fauzdar Singh were transmitted to the DIOS, Jaunpur alongwith resolution dated 4.10.1998 of the committee of management. 4. It is stated that the petitioner joined as Assistant Teacher in L.T. Grade pursuant to the appointment letter dated 5.10.1998 issued by the committee of management of the institution and that his appointment was also approved by the DIOS vide letter dated 1.12.1998. 5. Grievance of the petitioner is that he was not being paid his salary, as such he made several representations to the DIOS for payment of salary but of no avail. It is urged that the respondents are under mandatory obligations and bound to pay salary to the petitioner under Payment of Salaries Act as he is a duly appointed assistant teacher in L.T. Grade in accordance with law. It is further stated that Sri Fauzdar Singh in whose medical leave vacancy the petitioner was appointed, also retired on 30.6.1999, as such the short-term vacancy in which the petitioner has been appointed, has converted into a substantive vacancy and there is no impediment on appointment of the petitioner. According to the counsel for petitioner, in this view of the matter also the petitioner is entitled to salary and withholding of salary without any rhyme or reason or basis is illegal, arbitrary and abuse of the process of law. In this backdrop, the petitioner has prayed for a writ in the nature of mandamus commanding the respondents to pay arrears of his salary due to him with effect from 4.10.1998 onwards and other consequential benefits permissible under law. In this backdrop, the petitioner has prayed for a writ in the nature of mandamus commanding the respondents to pay arrears of his salary due to him with effect from 4.10.1998 onwards and other consequential benefits permissible under law. He has also prayed for a direction to the respondents not to interfere in his peaceful functioning as Assistant teacher in L.T. Grade. 6. Standing counsel appearing for respondent Nos. 1, 2 and 4, submits that from the very perusal of approval order dated 1.12.1998, it is evident that the petitioners conditional letter of appointment in leave vacancy of Sri Fauzdar Singh for a limited period i.e. from the date he actually joins the post till joining on the original post by Sri Fauzdar Singh. Sri Fauzdar Singh retired from the forenoon of 30.6.1999 itself, hence approval granted to the petitioner’s appointment in leave vacancy came to an end on 30.6.1999 itself. The substantive vacancy in the circumstances would technically arise on 1.7.1999, therefore, there was no question of continuance of services of the petitioner on 1.7.1999 as he was appointed for the period of medical leave sanctioned to Sri Fauzdar Singh, who retired on 30.6.1999. 7. This case was heard on 7.7.2003 when time had been granted by the Court to Standing Counsel for filing counter affidavit and petitioner was directed to take steps for service on respondent No. 3- committee of management of the institution by registered post within two weeks. But till date, no counter affidavit has been filed either by the Standing Counsel or committee of management of the institution. The matter is listed today for admission. 8. The moot point involved in the case is as to whether services of the petitioner could continue after 30.6.1999 in terms of conditional appointment letter and is he entitled to salary after the date of retirement of Sri Fauzdar Singh on 30.6.1999. The approval to the appointment of the petitioner was admittedly conditional. 8. The moot point involved in the case is as to whether services of the petitioner could continue after 30.6.1999 in terms of conditional appointment letter and is he entitled to salary after the date of retirement of Sri Fauzdar Singh on 30.6.1999. The approval to the appointment of the petitioner was admittedly conditional. It is as under : ÞÁs"kd] ftyk fo|ky; fujh{kd] tkSuiqjA lsok esa] ÁcU/kd] m0ek0fo|ky;] e<+h] tkSuiqjA i=kad% 8434&35@98&99 fnukad 1&12&98 fo"k;&Jh fou; dqekj flag ch0,l0lh0] ch0,M0 dh fu;qfDr ds vuqeksnu ds lEcUèk esaA egksn;] mi;qZDr fo"k;d vkids i= la[;k eseksa@98&99 fn0 4&10&98 ds lUnHkZ esa lwP; gS fd Jh QkStnkj l0v0 ds fpfdRlh; vodk’k ls fjDr in ij Jh fou; dqekj flag] l0v0] ,y0Vh0 dh] dh xbZ rnFkZ fu;qfDr bl vkns’k ds fuxZr frfFk ds i’pkr muds okLrfod dk;ZHkkj xzg.k frfFk ls Jh QkStnkj flag l0v0 ds vius ewy in ij okil vkus rd osru lank; dh vuqefr ds lkFk vuqeksfnr dh tkrh gSA Hkonh;] g0@vifBr 01&12&98 ¼laxr yky kqDy½ ftyk fo|ky; fujh{kd tkSuiqjA** 8. Therefore, even if the appointment of the petitioner was in medical leave vacancy in accordance with law, he could not have continued in service after 30.6.1999 in terms of the approval granted to his appointment and not thereafter as medical leave of Sri Fauzdar Singh came to an end on the said date. The substantive vacancy technically accrued on 1.7.1999 after retirement of Sri Fauzdar Singh when the services of the petitioner had come to an end on 30.9.1999 itself. 9. As regards the substantive vacancy arisen due to retirement of Sri Fauzdar Singh, is concerned, it is to be filled up in accordance with law and it cannot be said that medical leave vacancy in which the petitioner was working converted into a substantive vacancy in the facts and circumstances of the case for the reasons that appointment of the petitioner was only upto 30.6.1999. 10. In the facts and circumstances stated above, the DIOS, Jaunpur is directed to consider petitioner’s representation dated 19.5.2003 appended as Annexure 8 to the writ petition and pass appropriate orders thereon, in accordance with law within a period of six weeks from the date of presentation of a certified copy of this order. 11. In case the post is not already filled up, the respondent Nos. 11. In case the post is not already filled up, the respondent Nos. 1, 2 and 4 in that event are directed to ensure that substantive vacancy so caused due to retirement of Sri Fauzdar Singh is filled up by a duly selected candidate by the Commission by following the procedure for recruitment in accordance with law within a period of three months from today. 12. Before parting with the case, it may be noted that experience has shown that instead of filling up the post of teachers in accordance with the recruitment procedure established by law, ad hoc appointments in short-term vacancies are made and the educational authorities in collusion with the committee of management invariably permit such ad hoc appointees to continue for a long period even after the regular appointee has retired. This is not proper. As soon as any substantive vacancy arises, it is to be filled up in accordance with recruitment procedure expeditiously within a period of three months. 13. With the above directions, the writ petition stands finally disposed of. No order as to costs. 14. Let a copy of this judgment be forwarded to respondent No. 4-Secretary, Secondary Education, Lucknow U.P. for necessary action. ————