D. P. MOHAPATRA, CJ.

The core ques tion that arised for determination in these appeals is whether a teacher appointed on ad hoc basis in a short-term vacancy, like leave vacancy, is entitled as of right to con tinue in the said post even after the short term vacancy has been converted to a per manent vacancy due to death, resignation or retirement of the permanent incumbent ? The answer to this question depends on the interpretation of Section 33-B of the U. P. Secondary Education Services and Selec tion Boards Act, 1982 (U. P. Act No. 5 of 1982) (hereinafter referred to as the Act) and its interaction with the provisions of the U. P. Secondary Services Commission (Removal of Difficulties) (Second) Order, 1981. The point was referred to Full Bench by a Division Bench by the order passed on 12-4-1994 in Special Appeal No. 322 of 1993. The relevant portion of the said order reads:

"cites judgments of the Division Bench in Civil Writ Petition 7786 of 1986, Rafiq Ahmad and another v. State of U. P. and others decided on March 10, 1988, Heera Lal Sahuv. District Inspec tor of Schools Kanpur Dehat and others, decided on May 20, 1988. A reading of these judgments would show that there is no

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