( 1 ) THIS Special Appeal has been filed against the judgment and order dated 30. 5. 1997 of a learned Judge of this Court by which the writ petition was dismissed on the ground that the appointment of the petitioner-appellant had been made without advertising the post.

( 2 ) THE petitioner-appellant claims to have been appointed as an Assistant Teacher in the L. T. grade in the year 1991. The petition had been filed for payment of salary. It is an admitted fact that the appointment of the petitioner-appellant had been made by the Committee of management. The District Inspector of Schools did not grant approval to the appointment of the petitioner-appellant.

( 3 ) LEARNED Counsel for the appellant has submitted that the judgment of Radha Raizada v. Committee of Management, 1994 (2) ESC 345 (All), does not apply with retrospective effect and as the appointments were being made without advertising the vacancy, prior to the said judgment the case of the petitioner-appellant ought to have been considered without entering into the issue as to whether the appointment was permissible without advertising the vacancy. In order to fortify his case a very heavy reliance has been placed upon th

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