By the Court.—The appellant in this appeal questions the correctness of an interim direction issued by a learned single Judge of this Court dated 23.4.2010 and has also challenged the consequential orders dated 28.4.2010 and 29.4.2010 passed by the District Inspector of Schools in relation to the claim of continuance of the appellant as an ad hoc Lecturer and payment of salary in the institution known as Manas Inter College, Fatehpur, District Deoria, which is an institution established and governed by the provisions of the Intermediate Education Act, 1921. The service conditions of the teachers are governed by the aforesaid provisions and selection and appointment on such posts are governed by the provisions of the U.P. Secondary Education Services Selection Board Act 1982 and the Regulations and Rules framed thereunder.

2. The undisputed facts are that the post of Lecturer in Economics which, is at the centre of the dispute, was occupied by one Sri Krishna Rao on a substantive basis. According to the hierarchy of teachers, the lecturers grade is the senior most grade and whenever the office of the Head of the institution namely the Principal, falls vacant, the senior most teacher in the said grade is entitled to officiate on the post for which the appointment can be made on ad hoc basis. The post of principal fell vacant in the year 1998 and Sri Krishna Rao came to be given an ad hoc promotion on the post of officiating Principal on 6.12.1998. As a result of this ad hoc promotion, the post of Lecturer in Economics become available as a short-term vacancy.

3. The appellant Shashi Pal Rao contends that against this short term vacancy, the Committee of Management appointed him on ad hoc basis. No approval was granted to the said alleged proposal of the appointment of the appellant. The appellant thereafter appears to have applied for and appointed as a Postal Assistant in a Post-office in Deoria Postal Division and continued to function and receive salary, as such, from 24.7.1999 to 29.5.2007. The respondents - petitioners have filed an information received under the Right to Information Act to that effect as Anneuxre-6 to the writ petition. It may be noted that the said facts had been noticed in the order of the District Inspector of Schools dated 15.5.2007 which is the basis of the claim of the appellant. The said order also notices that no approval or financial sanction had been granted to the claim of the appellant.

4. Sri Krishna Rao, who was holding the substantive post of Lecturer of Economics and working on the post of officiating Principal, retired on 30.6.2002. The aforesaid vacancy, therefore, came to be converted as a substantive vacancy. According to rules applicable, any appointment made on ad hoc basis against a short term vacancy would cease upon the vacancy being converted into a substantive vacancy as per rules and as held in several decisions of this Court which shall be referred to herein after. On the retirement of Krishna Rao, one Sukhlal was promoted on ad hoc basis as Lecturer in Economics on 14.7.2002. The authority competent to deal with such matters, namely the Regional Level Committee headed by the Joint Director of education of the region, granted approval on 22.11.2004 to the said ad hoc appointment of Sri Sukhlal.

5. The claim of the appellant - Shashi Pal Rao was rejected by the District Inspector of Schools on 17.8.2004. He filed writ petition No. 53428 of 2004 praying for a mandamus for payment of salary. This writ petition was filed by the appellant without any reference to the post of Lecturer in Economics already held by Sukhlal and approved on 22.11.2004. It appears that the said writ petition filed by the appellant was disposed of on 4.11.2006 by a learned single Judge of this Court and from a perusal of the said judgment, it is evident that the Court was not informed or apprised of the order dated 22.11.2004 passed by the Regional Level Committee, inasmuch as, the said order dated