Court No. - 34
Case :- WRIT - A No. - 9655 of 2002 Petitioner :- Brijwasi Sharma Respondent :- Director Of Education Secondary Camp Office Lucknow And Others Counsel for Petitioner :- V.K. Singh,Ashok Khare Counsel for Respondent :- C.S.C.,S.K. Srivastava Hon'ble Sudhir Agarwal,J.
1. Heard Sri P.K.S. Sengar, Advocate holding brief of Sri V.K. Singh, learned counsel for petitioner and perused the record.
2. Admittedly petitioner was appointed on short term vacancy on ad hoc basis under U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as "Second Order") on 01.11.1981 and said short term vacancy became substantive vacancy on 30.3.1989 due to termination of Sri Briendra Pal Singh, in whose short term vacancy petitioner was appointed.
3. In view of Full Bench judgment of this Court in Jahaj Pal vs. District Inspector of Schools and another (Special Appeal No. 280 of 2013), decided on 21.02.2019 as soon as short term vacancy ceased, Clause 3 of Second Order came into operation and incumbent would cease to continue on short term vacancy, therefore, subsequent continuance of petitioner without any authority of law is of no consequence. Relevant observation of Full Bench in para 209 reads as under:
“A. Question (a) is answered in affirmative. We hold that tenure of ad hoc appointed teachers against short-term vacancies, provided in Para 3 of Second Order, is mandatory and will continue to hold the field till 06.08.1993. On and after 07.08.1993, when Section 33-B was enacted and enforced, teachers who come within the ambit of Section 33-B and entitled to be considered for substantive appointment thereunder, their tenure would be governed by sub-section (5) and till such teachers are not considered by Selection Committee for substantive appointment, they will be entitled to continue even if any contingency, referred to in Para 3 of Second order, has arisen on and after 07.08.1993. In other words, Section 33-B wherever applicable, shall prevail over Para 3 of Second Order, but, in cases where Section 33-B is not applicable and ad hoc appointment is made against short term vacancies as per procedure prescribed in Second Order, in those cases only, even after 07.08.1993, tenure provided in Para 3 shall be applicable.”
4. In view of above, no relief can be granted to petitioner. Writ petition lacks merit. Dismissed accordingly.
5. Interim order, if any, stands vacated.
Order Date :- 22.2.2019/AK