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Smt. Pushpa Dixit v. C/M, Sri Ram Swarup Gram Udyog Inter College & Others - SPECIAL APPEAL No. 467 of 2005 [2005] RD-AH 1094 (19 April 2005)


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Court No.3

Special Appeal  No.467 of 2005

Smt. Pushpa Dixit  Vs. Committee of Management and others            

Hon'ble Ashok Bhushan, J.

Hon'ble Sanjay Misra, J.

Heard the learned counsel for the appellant.

By this appeal, the appellant  has challenged the order dated 17.2.2005 passed by learned Single Judge by which the writ petition of the appellant has been dismissed.  In the writ petition, the appellant  had claimed  adhoc appointment as Assistant Teacher (Tailoring). The appellant claimed appointment on substantive vacancy which fell vacant due to retirement of Sri Ram Trivedi on 1.7.1987. The case of the appellant was that  Committee of Management appointed the appellant  and forwarded  the papers to the D.I.O.S. for granting approval of the adhoc appointment. The DIOS did not communicate  any decision hence writ petition was filed  by appellant. Learned Single Judge  has dismissed the writ petition holding that the appellant was not qualified  and no proper procedure was followed  at the time of initial appointment.

Learned counsel for the appellant has contended that there was no requirement of publication of advertisement of post in two news papers.  He has further contended that appointment of the appellant was made in pursuance of the resolution of the Committee of Management  dated 5.5.91 on which date the


appellant was qualified. We have persued the resolution of Committee of Management dated 5.5.1991 on the basis of which the appellant has claimed her  adhoc appointment, the resolution shows that no procedure of appointment under U.P.Secondary  Education Service Selection Board Act 1982 was adopted.  The procedure has to be followed in view of the Full Bench decision of this court  in Km. Radha Raizada Vs. Committee of Management;1994 UPLBEC Vol.I page 551. As no procedure prescribed for appointment has been followed, no error has been committed by the learned Single Judge in dismissing the writ petition. We see no good ground to interfere with the judgment of  the learned Single Judge. However, it is always open for the appellant to claim her salary for the period she worked on adhoc basis  from the management who had  illegally appointed the appellant.

With the above observations, the appeal is dismissed.




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