JUDGEMENT
S.U.Khan, J. -
(1.)Satya Deo Singh, an assistant teacher in intermediate college Karanda, district Ghazipur, proceeded on leave. The committee of management of the college, which is aided and recognized institution, passed a resolution to appoint the petitioner on ad hoc basis against the aforesaid vacancy created due to long leave. Resolution of committee of management was passed on 27.7.1986. The D.I.O.S. by order dated 11.11.1986 approved the ad hoc appointment made by committee of management through its resolution dated 27.7.1986. However, the D.I.O.S. confined the approval only till joining of Satya Deo Singh or 30.6.1987 which ever was earlier. By another order dated 15.7.1988 which has been annexed as Annexure-C.A.-1 to the counter-affidavit filed by D.I.O.S., the appointment was extended till conversion of vacancy into substantive vacancy, i.e., cessation of short term vacancy.
(2.)It is stated in para 2 of the writ petition that Satya Deo Singh during the period of his long leave sought voluntary retirement. However, no date has been mentioned therein on which Satya Deo Singh is alleged to have sought voluntary retirement. Satya Deo Singh according to para 8 of the writ petition died on 12.3.1990. It appears that his application for voluntary retirement even if given had not been accepted till his death. It is further alleged in the writ petition that since the date of joining since July, 1986, petitioner continuously worked as assistant teacher in the college. The Manager by order dated 8.4.1990 terminated the services of the petitioner on the ground that the short term vacancy created due to long leave of Satya Deo Singh against which petitioner had been appointed had come to an end due to death of Satya Deo Singh on 12.3.1990. Petitioner has challenged the said termination order through this writ petition. The Division Bench on 4.5.1990, passed a stay order in this writ petition to the effect that, "Issue notice. Meanwhile the ad hoc appointment of petitioner as C.T. grade teacher shall not be dispensed with, till the regular selected candidate from the commission or reserve pool teacher becomes available for appointment, or the services of the petitioner are terminated, according to law which ever is earlier," It appears that word "C.T. grade" were mentioned in the stay order due to inadvertence. As is evident from Annexure-1 order of approval of D.I.O.S., petitioner was appointed in L.T. grade.
(3.)Through application dated 2.8.2002, petitioner has prayed for a direction to Regional Joint Director of Education to regularize the services of the petitioner. In the affidavit filed in support of the said application, it has been stated that committee of management of the college through resolution dated 9.7,2000 has resolved that the petitioner is entitled to regularization and that the said resolution was sent to D.I.O.S. on 20.7.2000 for transmission to Regional Joint Director of Education, Varanasi.
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