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P-65 IV
This appeal takes exception to the judgment and order dated 07.05.2018 passed by the Division Bench of Allahabad High Court (hereinafter referred to as 'the High Court') allowing the Special Appeal filed by the State-Respondent and setting aside the judgment and order dated 15.05.2014 passed in Writ Petition filed by the appellant herein.
The appellant is a Post Graduate from Kanpur University and also holds the certificate of Sangit Prabhakar and Senior Diploma from the Prayag Sangit Samiti, Allahabad. On 23.07.1984, she was appointed as Assistant Music Teacher in Government Inter College, Mahmoodabad, District Sitapur on a leave vacancy as the regular incumbent went on leave without pay. The terms of the appointment order specified that the appointment was temporary (1) and meant to last till the permanent incumbent rejoined the service. The educational qualifications of the appellant satisfied the requirements prescribed under the relevant service rules. Vide letter dated 16.05.1986, the terms of the appointment order dated 23.07.1984 was modified by providing that the appointment was to last till the regular incumbent joined back or 20.05.1986, whichever was earlier.
Aggrieved by the said modification in the terms of appointment, the appellant filed a Writ Petition No. 3316 (SS) of 1986 before the High Court challenging the modified terms of the appointment. On 19.05.1986, the management of the College issued another order dispensing with the services of the appellant w.e.f. 20.05.1986. A learned Single Judge vide order dated 20.05.1986 while issuing (2) notice to the respondents stayed the operation of the order dated 16.05.1986 modifying the terms of the appointment order. It was further provided that the interim order shall automatically lapse on return of the permanent incumbent Smt. Safia Khatoon.
It so happened that Smt. Safia Khatoon did not rejoin the service, as a result her services were terminated vide order dated 16.01.1988. It is undisputed fact that the respondents never undertook any steps for filling up the post and the appellant was continued on the said post without any interruption till 2020. On 17.08.2001, the State of Uttar Pradesh Promulgated the UP Secondary Education Department Regularization of Ad hoc appointments on the Post of Trained Graduate Teachers Rules, 2001 (for (3) short known as 'Regularization Rules, 2001). On 02.11.2001, the appellant made a representation to the authorities seeking regularization in accordance with the said Rules. When no action was taken on a representation for a substantial period of time, she approached the High Court again by filing Writ Petition No. 7890 of 2003. This Writ Petition came to be clubbed with the earlier Writ Petition No. 3316 of 1986 filed by the appellant and were heard together and disposed of by a learned Single Judge of the High Court by making following observations :-
" After hearing learned counsel for the parties and perusing the record, it is abundantly clear that the petitioner has more than 21 years experience working as (4) Assistant Teacher Music, LT Grade in the Government Inter Collge, Mahmoodabad, Sitapur. As per documents placed on record, she is having all requisite educational qualification as required in the Intermediate Education Act.