Court No. - 24 Case :- SERVICE SINGLE No. - 4306 of 2009 Petitioner :- Anand Kumar Shukla S/O Sri Ram Chandra Shukla Respondent :- The State Of U.P.Through Secretary Of Madhyamik Education Petitioner Counsel :- Pt.S. Chandra Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard Sri Pt. S. Chandra, learned Counsel for the petitioner and learned
Petitioner, who is working as Assistant Teacher L.T. Grade Science and
Mathematics on short term ad hoc basis in Rajkaran Vaidic Pathshala
Inter College District Faizabad, U.P., has been denied regular salary by
the District Inspector of School on the ground that the Committee of
Management does not any authority to make appointments on the post
of Teacher without recommendation of the Selection Board and as such,
the petitioner has preferred the instant writ petition.
Sri Pt. S.Chandra, learned Counsel for the petitioner submits that
recently, in Daya Shanker Misra Versus District Inspector of
Schools and others passed in Civil Misc. Writ Petition No. 20843 of
2002, decided on 31.3.2010 , a Division Bench of this Court at
Allahabad has held that the Committee of Management has the power
to make ad hoc appointments on short term vacancies under the
provisions of Uttar Pradesh Intermediate Education Act 1921 and the
Regulations framed thereunder and as such, interest of justice would
suffice, if the District Inspector of School, Faizabad, is directed to re-
consider the petitioner’s case in the light of the judgment of Daya
Shanker Misra (supra), expeditiously, to which learned Standing
Counsel has no objection.
In view of the above, the writ petition is disposed of finally with a
direction to the District Inspector of School, Faizabad, to look into the
matter and re-consider the petitioner’s claim in the light of the judgment
of Daya Shanker Misra (supra), ignoring the order dated 28.3.2009,
expeditiously, say, within a period of six months from the date of receipt
of a certified copy of this order.
Order Date :- 9.8.2010