Neutral Citation No. - 2025:AHC:110304 Court No. - 38 Case :- WRIT - A No. - 39371 of 2014 Petitioner :- Kailash Pati Pathak Respondent :- State Of U.P. Thru Secy. And 4 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. As there was one post of Assistant Teacher (LT Grade) vacant in the fifth respondent's institution. For the benefit of the students, the management has decided to fill up the said post on adhoc basis, accordingly, an advertisement was issued on 7.6.1997. Pursuant to the said notification, the petitioner has submitted his application and after subjected to selection process, the fifth respondent has selected the petitioner. The petitioner has joined the fifth respondent's institution on 8.7.1997. Subsequently, proposals were forwarded to the competent authorities. When the authorities have not considered his case and not passed any order, he made a request to the second respondent. 3. Consequent to the request made by the petitioner, the second respondent has called a report from fourth respondent and accordingly, the fourth respondent has submitted his report on 31.05.2006, which is annexed as annexure-8 to the writ petition. . Despite receipt of the report in the month of March, 2006, the respondents have not passed any order approving the appointment of the petitioner. Hence, present writ petition is filed with a prayer to direct the educational authorities to pass appropriate orders granting approval on the appointment of the petitioner and pay salaries to the petitioner along with arrears from 7.7.1997. 4. After notice, the respondents have filed the counter affidavit, in which respondents have taken specific stand that as per the U.P. Secondary Education Services Commission Rules, 1995, the management has no power to appoint. Accordingly, the appointment of the petitioner is contrary to the Rules and the petitioner is not entitled for approval. 5. Reply to the said contention, learned counsel for the petitioner has submitted that the issue is no longer survives. The said issue was settled by a Full Bench of this Court in Radha Raizada and Ors. Vs. Committee of Management, Vidyawati Darbari Girls Inter College and Ors., 1994 (3) UPLBEC 1551. Following the said judgment, this Court in Writ A No. 960 of 2001 (Sanjay Kumar Rai Vs. D.I.O.S. Azamgarh and Another) has considered the identical issue and in the said case, the management has forwarded proposals to the District Inspector of Schools for the purpose of financial approval and appointment and the District Inspector of Schools by an order has disapproved the appointment on the ground that the appointment was made contrary to U.P. Secondary Education Services Commission Rules, 1995 stating that the management has no power to make such appointment on substantive vacancy. While dealing with such issue, the writ petition was disposed of with following directions: "12. In view of the legal position settled by the Full Bench in the case of Radha Raizada (Supra), no further deliberation is required on the issue and the Court is satisfied that the management was not only competent to fill up the said short term vacancy by appointing the petitioner on the said post, but also followed the procedure explained by the Full Bench i.e., publication of advertisement and holding of selection procedure in accordance with law. 13. In view of above, the Court is of the view that the District Inspector of Schools wrongly invoked U.P. Secondary Education Services Commission Rules, 1995 which have no application in the facts and circumstances of the case. 14. This Court had passed an interim order on 10.01.2001 permitting the petitioner to work until further orders. Admittedly, the petitioner is still working in the institution and is receiving his salary. This Court by a separate order passed on the impleadment application today, has permitted the impleadment of Joint Director of Education concerned. 15. Learned counsel for the petitioner has referred to Section 33 (G) of U.P. Secondary Education Service Selection Boards Act, 1982 which is a provision for regularization for certain appointments against short term vacancies. 16. In view of the above, writ petition is succeeds and is allowed. The impugned order dated 27.11.2000 is quashed. 17. In view of the fact that petitioner's appointment has been held in accordance with law in the aforesaid discussion, the petitioner's case for regularization in terms of Section 33 (G) has to be analyzed at the end of the Joint Director of Education concerned. 18. Accordingly, a writ of mandamus is issued to the Joint Director of Education, Azamgarh Region, Azamgarh to consider the petitioner's case for regularization in terms of Section 33 (G) of U.P. Secondary Education Service Selection Boards Act, 1982 in accordance with law within a period of three months from the date a certified copy of the order is produced before him." 6. Having heard learned counsel for the petitioner and learned Standing Counsel and on perusal of record, the fact remains that though the respondents in the counter affidavit have categorically stated that the appointment of the petitioner is contrary to the Rules but nevertheless the respondents have not passed any order so far. The fact remains that proposals sent by the fifth respondent on 27.07.1997 is still pending. 7. In view of the above, this writ petition is disposed of with a direction to respondents to consider the proposal sent by the fifth respondent on 27.07.1997 and take decision in view of the observations made by this Court in Radha Raizada (Supra) and pass appropriate orders, within a period of two months from the date of receipt of certified copy of this order. It is needless to mention that if orders are passed approving appointment of the petitioner, the respondents may also release amounts, which are due to the petitioner within the same period. Order Date :- 10.7.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad