Hon’ble Sudhir Agarwal, J.—Both these writ petitions involve common questions of law and facts and therefore, as requested and agreed by learned counsel for the parties, I proceed to decide the same under the rules of the Court at this stage by this common judgment.

2. It may also be placed on record that in writ petition No. 41420 of 2011, respondents have not filed counter-affidavit separately but have stated that since counter-affidavit, supplementary counter-affidavit and rejoinder-affidavit are already on record in connected writ petition No. 18198 of 2011, the same may be perused for the purpose of writ petition No. 41420 of 2011 and matter may be decided accordingly. With the consent of learned counsel for the parties I proceed accordingly.

3. The writ petition No. 18198 of 2011 (hereinafter referred to as “first writ petition”) has been filed assailing order dated 05/16th March, 2011 passed by respondent No. 2, Regional Level Committee, Saharanpur Mandal, Saharanpur (hereinafter referred to as “RLC”) whereby it has held respondent No. 7 senior to petitioner and has also directed for review/scrutiny of ad hoc appointment and regularization on the post of Lecturer (Mathematics) in Baba Sidh Inter College, Sona Arjunpur, District Saharanpur (hereinafter referred to as “College”).

4. The writ petition No. 41420 of 2011 (hereinafter referred to as “second writ petition”) assail the orders dated 15.7.2011 and 18.7.2011 of respondents 2 and 3. The former is order issued by Joint Director of Education, Saharanpur Mandal, Saharanpur (hereinafter referred to as “JDE”) addressed to District Inspector of Schools, Saharanpur (hereinafter referred to as “DIOS”) stating that in view of this Court’s order in Contempt Application, further action be taken treating letter dated 15.4.2011 as inoperative; and, the later order dated 18.7.2011 is consequential, issued by DIOS to Manager of the College directing him to ensure handing over of charge of Officiating Principal to Sri Rajendra Singh.

5. The factual matrix for proper appreciation of the dispute in question may be narrated in brief as under:

6. The College is recognized by Board of High School and Intermediate under the provisions of U.P. Intermediate Education Act, 1921 (in short ‘Act 1921’) and salary of staff of the college is paid/ regulated by the provisions of “Uttar Pradesh High Schools and Intermediate College (Payment of Salaries of Teachers and Other Employees) Act, 1971” (hereinafter referred to as “Act 1971”). The recruitment of teaching staff including Principal of the College is admittedly governed by the provisions of “U.P. Secondary Education Service Selection Board Act, 1982” (hereinafter referred to as “Act 1982”).

7. The post of Principal fell vacant due to retirement of Sri Jadoram Sharma on 30th June, 1989. One Mohd. Hasan Ansari working as Lecturer (Mathematics) in the College, being the senior most teacher, was given charge as officiating Principal till regular selection is made by U.P. Service Selection Board (hereinafter referred to as “Board”). The financial approval was granted by DIOS vide letter dated 4th August, 1989. The said approval was initially granted upto 30th June, 1990 which was subsequently extended by letter dated 23rd July, 1990 till regularly selected candidate from the Board joins the post of Principal.

8. It appears that petitioner Sri Hari Pal Singh applied for ad hoc appointment on the post of Lecturer (Mathematics) on 21st July, 1989. The Manager of the College issued an order dated 22nd August, 1989 appointing Sri Hari Pal Singh, (the petitioner in both the writ petitions) as Lecturer (Mathematics) on purely ad hoc basis. The said ad hoc appointment was conveyed to DIOS by letter dated 17th January, 1989/8.12.1989 and DIOS granted financial approval vide order dated 18.12.1989.

9. Sub-sections 1-A, 1-B and 1-C to Section 33(A) of Act 1982 were inserted vide U.P. Act No. 26 of 1991 w.e.f. 6th April, 1991. Section 33-B was inse