Executive instructions cannot override, amend, or supersede statutory provisions. A ban on adhoc appointments imposed via administrative order does not apply to valid short-term appointments made under specific statutory rules, and cannot be used to retrospectively deny service recognition or salary entitlements.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri Pt. S. Chandra, learned counsel for the petitioners and Sri Rajiv Srivastava, learned Additional CSC for the respondent - State.

2. In spite of notice issued to the Committee of Management, no-one has responded to appear before this Court.

3. By means of present writ petition, the petitioners are challenging the order dated 15.05.2002 contained as Annexure-22 passed by respondent No.3 and Government Order dated 03.11.1997 issued by respondent No.2 contained as Annexure-23 to the writ petition with a further prayer to issue writ of mandamus commanding the respondent Nos.2 to 5, specifically respondent No.3 to accord approval to the posts and salary of the petitioners w.e.f. 05.04.1998 and to pay the petitioners their salary along with arrears of salary and to give assent to the salaries of the petitioners deeming the appointments of the petitioners to be approved as per provisions of Clauses 2(3)(iii) and 2(3)(iv) of the Removal of Difficulties (Second) Order, 1981 and accord specific approval to ensure salary of the petitioners on their respective posts treating them to be continuing in service w.e.f. 05.04.1998 till date.

4. Factual matrix of the case is that the petitioners are adhoc LT Grade Teachers of recognized and aided Inter College run by the Committee of Management. All the petitioners are appointed before 25.01.1999 under the provision of Removal of Difficulties order, 1981 (II). The date of appointment of petitioner No.1 - Rajesh Srivastava is 04.04.1998 as LT Grade (Adhoc) on the short term post which occurred due to adhoc promotion of Arvind Kumar Tripathi as Lecturer on 21.10.1997. The petitioner No.2 - Shashi Kant Mishra got appointment on 04.04.1998 as LT Grade (Adhoc) against the short term post which fell vacant also on 21.10.1997 due to adhoc promotion of Jawahar Krishna as a Lecturer. Petitioner No.-2 Shashi Kant Mishra died during pendency of this writ petition and his legal heirs did not turn up despite of repeated reminders. Petitioner No.3- Lakhan Singh Chandel was appointed on 04.04.1998 as LT Grade (Adhoc) on the short term post, which fell vacant on 06.03.1997 due to adhoc promotion of Sri K.N. Dwivedi as lecturer.

5. Petitioner Nos.1 and 3 are still working and getting salary in pursuant to interim order dated 17.05.2002 passed in this case in countinuance with order of approval dated 30.12.2003 issued by District Inspector of Schools. All the petitioners possess more than 28 years of service continuously as Assistant Teacher LT Grade (Adhoc). Till date the Selection Board/Commission has not made regular selection against the posts of the petitioners.

6. The petitioners are entitled for regularization w.e.f. 22.03.2016 under the provision of Section 33-G of U.P. Secondary Education Services Selection Board Act, 1982. All the petitioners were duly selected after due advertisement and appointed on the post of LT Grade teacher on Adhoc basis in D.M.U. Inter College, Govind Nagar, District Kanpur. The committee of management sought approval from the DIOS, who refused to give approval vide order dated 15.05.2002 on the pretext that there is ban on the appointment and also there is no provision for adhoc appointment.

7. The petitioners filed present writ petition challenging the impugned G.O. dated 03.11.1997 (Annexure No.23, Page 107) and impugned order dated 15.05.2002 passed by the DIOS (Annexure No. 22, Page 106).

8. Submission of learned counse