Allahabad which was dismissed by the High Court. The learned Single Judge of High Court found that the appellant was appointed for a short term by the management and since Smt. Manju Lata Bajpai, Assistant Teacher, who was on long leave had retired, substantive vacancy occurred and against the substantive vacancy the management had no right to make short term appointment.
4.The appellant preferred an appeal against the dismissal of the writ petition before the Division Bench of the High Court. The Division Bench upheld the order of the learned Single Judge and dismissed the appeal.
5.We have heard the learned counsel for the appellant as also the learned counsel for the respondents.
6.In the peculiar facts and circumstances of this case, we are of the considered view that interest of justice would meet if the appellant is paid for the period she worked with the concerned school. Accordingly, we direct respondent Nos.1 to 4 to pay the salary of the appellant for the period she worked, within eight weeks from today. However, the District Inspector of Schools and the State of U.P. would be at liberty to recover that amount from the management of the school or from any other individual.
7.The impugned order is accordingly set aside and the appeal is disposed of with the aforementioned observation and direction. Parties are directed to bear their own costs.
.....................J (DALVEER BHANDARI) .....................J (DIPAK MISRA)
New Delhi; October 31, 2011.