Sudhir Agarwal, J.

A Division Bench, noticing conflict in Division Bench judgments in Surendra Kumar Srivastava vs. State of U.P. and others, (2007) 1 ESC 118 (All.)(DB); Raj Kumar Verma and others vs. District Inspector of Schools, Saharanpur and others, (1999) 2 UPLBEC 1420; District Inspector of Schools, Kanpur Nagar and others vs. Diwakar Lal and others, (2000) 3 ESC 1670(All.); Smt. Shashi Saxena and others vs. Deputy Director of Education and others, (2000) 3 ESC 1990 (All.); Raghuvendra Babu Misra vs. District Inspector of Schools, Etah and others, (2002) 3 ESC 68 and also that the Full Bench in Smt. Pramila Mishra vs. Deputy Director of Education, Jhansi Division, Jhansi and others, (1997) 2 UPLBEC 1329 has not considered legislative intent reflected by insertion of Section 33-B in U.P. Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as "Act, 1982"), vide order dated 11.09.2018, referred following questions to be answered by a Larger Bench:

"(a) Whether an ad-hoc appointee, appointed against a short term vacancy, would automati