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Judgment
S.U. Khan, J.—Heard learned Counsel for the parties.
Petitioner was appointed on adhoc basis on 30.6.1975 in Adarsh Balika Vidyalaya Higher Secondary School, Kanpur. Petitioner earlier also filed a writ petition and Joint Director of Education was directed to decide the matter, in pursuance of the said order, matter was decided through order dated 24.11.1987, a copy of which Annexure7 to the writ petition, the said order has been challenged through this writ petition.
According to the impugned order, the petitioner was appointed on adhoc basis as a teacher on 30.6.1975, hence his case was not governed by section 16 (GG) of U.P. Intermediate Education Act, 1921 as inserted by U.P. Act No. 5 of 1977. Under the said section, it is provided that teachers appointed on adhoc basis between 18.8.1975 and 30.9.1976 should be regularized.
However, the case of the petitioner is governed by U.P. Secondary Education (Removal of Difficulties) (Fifth) Order, 1976. Para 3 of the said order, states that where any person was appointed by the Committee of Management as a teacher on or before 30.6.1975 as a temporary measure and has worked upto 15.11.1976, he should be deemed to have been appointed in a substantive vacancy. Petitioner''s appointment being of 30.6.1975 with the approval or permission of D.I.O.S. hence by virtue of the fifth order (supra) her services stood regularised.
Accordingly impugned order is setaside. Petitioner shall be deemed to be substantially appointed in accordance with Removal of Difficulties (fifth) Order 1976.
The writ petition is, therefore allowed.