JUDGMENT

R.A. Sharma, J. - Against a vacancy on the post of lecturer of Geography in Chaudhari Jawahar Singh Intermediate College, Sutiyani, Etawah (hereinafter referred to as college), which arose on account of transfer of the permanent lecturer of Geography to another college. the Committee of Management of the college by resolution dated 25-7-1983 resolved to appoint Sri Brajesh Chandra Yadav (hereinafter referred to as petitioner) as temporary lecturer, subject to the approval of the District Inspector of Schools (hereinafter referred to as D.I.O.S.). The D.I.O.S. by its order fated 9.11.1983 granted approval to the appointment of the petitioner as temporary lecturer under Regulation 9 (31 of Chapter II of the Regulations framed under U.P. Intermediate Education Act. The manager or the college accordingly issued an appointment letter dated 10-11-1983 for a period of six months or till candidate selected by the Secondary Education Commission joins, whichever is earlier. After receiving the. appointment letter the petitioner joined the college as lecturer in, Geography. However, with effect from May, 1985 the petitioner was not paid his salary. He accordingly made a representation to the D.I.O.S., who directed the management for payment of salary to the petitioner. As order of the D.I.O.S. for payment of salary was not complied with the petitioner has filed a writ petition No. 10546 of 1986 for a writ of mandamus commanding the respondents to treat the petitioner as permanent lecturer in Geography by virtue of regularisation of his service tinder S. 33-A' of U.P. Secondary Education Service Commission and Selection Board Act 1982 (hereinafter referred to as Act) and for making regular payment of his monthly salary as well as arrears of pay. This Court passed interim orders dated 5-5-1987 and 19-11-1987, whereby directions have been issued to the management to pay salary to the petitioner regularly; it was however left open to the management of the college either to take or not to take any work from him. We have been informed that in pursuance of these interim orders the petitioner is getting salary regularly, although he is not working as lecturer in the college.

2. In the meantime on 27-10-1983 the Committee of Management of the college, through D.I.O.S. has notified vacancy of lecturer in Geography to the Secondary Education Commission. The Commission had accordingly invited applications and Sri Jitendra Singh, petitioner in writ petition No. 3046 of 1990. has been selected by the Commission for aforesaid post and by notification dated 18-8-1981 the Commission communicated it to the Committee of Management. Initially the Committee of Management did not appoint Sri Jitendra Singh but in view of order dated 12-12-89 passed by the D.I.O.S. he was given the appointment letter by the management, and he joined the college as lecturer in Geography in the month of December, 1989. He has been paid his salary by the college for the month of December. 1989. Thereafter the U.I.O.S. issued order dated 2-1-1990 suspending his earlier order dated 12-12-1989, in pursuance whereof he had joined the college. Against this order of D.I.O.S. dated 2-1-1990 Sri Jitendra Singh had filed writ petition No. 3046 of 1990. Sri Brajesh Chandra Yadav has filed another writ petition No. 18660 of 1989 before this Court, against the selection of Sri Jitendra Singh by Secondary Education Commission.

3. All the three writ petitions have been consolidated together and we have heard learned counsel for parties.

4. Controversy centres round the question as to whether services of Sri Brajesh Chandra Yadav stood regularised under S. 33-A of the Act. If the benefit of the aforesaid provision is not given to Sri Brajesh Chandra Yadav, Sri Jitendra Singh, the petitioner in writ petition No. 3046 of 1990, having been selected by Secondary Education Commission should join the post of lecturer of Geography and service of Brajesh Chandra Yadav shall stand terminated sub