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