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2002 Supreme(All) 396

R.B.MISRA
VINOD KUMAR SRIVASTAVA – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, JALAUN – Respondent


Advocates Appeared:
PRAKASH PADIYA, R.G.PADIA, R.S.Singh, RAKESH KUMAR

R. B. MLSRA, J.

( 1 ) IN this writ petition, prayer has been made to quash the impugned order dated 17. 10. 1997, passed by respondent No. 1 (Annexure-7) and further to command the respondents to pay salary to the petitioner as assistant teacher in L. T. grade in the institution in question month by month as and when it falls due. Heard Sri Prakash Padia, learned counsel for the petitioner and learned standing counsel for the respondents.

( 2 ) BY letter dated 17. 10. 1997, the District Inspector of Schools (D. I. O. S.) returned the papers to the management declining the financial approval of the petitioner purported to have been made on the temporary basis against the short-term vacancy created by the appointment of teacher of the institution as ad hoc principal in the institution. The main issue for adjudication is whether the vacancy created by promotion of teacher of the school in to ad hoc Principal shall be treated as short-term vacancy or permanent vacancy. It appears that Sri Raj Pal Singh, Sengar retired on 30. 6. 1993 and thereafter the vacancy arose in the institution in question in respect of head master and since no regular selection was made by the Commission, as suc














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