Vachaspati Shastri vs District Inspector of Schools and Others

Ravi S. Dhavan, J.—There was a short term vacancy at the Nehru Inter College, Kakwan, Kanpur Dehat when an assistant teacher in the L. T, grade, Devi Sahaya Yadav took medical leave. On this short term vacancy, under the U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, the Petitioner was appointed as a L. T. grade teacher. The appointment letter itself stipulates that the Petitioner''s appointment is on a short term vacancy as the present incumbent of the post, Devi Sahaya Yadav, is on medical leave.

The appointment of the Petitioner on this short term vacancy was approved by the Divtrict Inspector of Schools by his order dated 31 March, 1993.

Unfortunately, three days prior to the approval of the District Inspector of Schools, Devi Sahaya Yadav, the teacher who had taken medical leave, died. The Manager of the College by his order dated 26 March, 1993 close the appointment on this short term vacancy upon which the Petitioner had been appointed. This implies that the Petitioner''s services on a short term vacancy have been terminated.

This action of the Manager of the College aggrieves the Petitioner and, thus, the present petition.

The contention of the Petitioners that he has been continuing since July, 1992, the fact that the Devi Sahaya Yadav has died, would make no difference, as he is now entitled to be regularised or given an appointment under the First Removal of Difficulties Order, 1981. The submission is misconceived. The two Removal of Difficulties Orders operate in different fields. In so far as a substantive vacancy is concerned, today, it has to be filled in accordance with Section 18 of U.P. Secondary Education Services Commission and Selection Boards Act, 1982 from this there is no escape. In so far as the short term vacancy is concerned, it is a status apart from being appointed on a substantive vacancy. It was always clear to the Petitioner right from the beginning that he had been appointed on the vacancy caused on the medical leave taken by Devi Sahaya Yadav. When the latter died, the short term vacancy, under the law, came to an end. On the death of Devi Sahaya Yadav, a substantive vacancy came in the offing. The Petitioner may yet to be eligible but he cannot continue on this post on a short term vacancy as those conditions do not exist.

In these circumstances, this petition is misconceived and dismissed in limine.