Leave granted.
The appellant was appointed in the school in question in the year
1986 and has worked in the school purportedly in the post of Assistant Teacher all through out. It has been submitted on behalf of the
respondents that such appointment had been made despite the fact that
there were only four vacancies available and the appellant's appointment
was the fifth appointment. Be that as it may, it now transpires that there is
one vacancy which has arisen in the Higher Secondary school for the post
of Assistant Teacher.
Having heard learned counsel for the respective parties, we
dispose of the appeal by directing that the appellant's service from
1986 onwards till the vacancy arose should be treated as an appointment
as Upper Primary School
Assistant. Thereafter, he may be adjusted against the vacancy which has
arisen and his services may be continued in the post as School Assistant
with effect from 2004 with continuity of service.
There will be no order as to costs.
New Delhi, December 05, 2008.