IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) NO. 1170 OF 2001 Vijay Kumar ……..Petitioner. Versus District Inspector of Schools, Haridwar & another ……..Respondents. Mr. Paresh Tripathi, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Sudhanshu Dhulia, J. (Oral) Heard learned counsels for the parties. This writ petition has been filed by the petitioner challenging the validity, legality and propriety of the order dated 21.4.2000 (filed as Annexure – 6 to the writ petition) passed by the District Inspector of Schools, Haridwar. The brief facts of the case are that the petitioner was appointed by the Management Committee on a short term leave vacancy as an Assistant Teacher L.T. grade. However, the approval to this appointment was not given by the District Inspector of Schools since according to the District Inspector of Schools there were no Removal of Difficulties Orders which were in force at the relevant time and the District Inspector of Schools was not empowered to grant such approval. A statement has been made at the bar by Sri Paresh Tripathi, learned Advocate for the petitioner that the impugned order was stayed by an interim order passed by a learned Single Judge of Allahabad High Court dated 9.5.2000 and the petitioner is presently continuing on the post of Assistant Teacher L.T. grade. There are only two contingencies left at the moment. Firstly, either the short term leave vacancy has been converted into a permanent vacancy and, therefore, as per the law presently applicable in the State of Uttarakhand as 2 decided by a Full Bench of Allahabad High Court in Smt. Pramila Mishra v. Deputy Director of Education, 1997 (2) ESC 1284 (All) (FB) and a Division Bench of Allahabad High Court in Surendra Kumar Srivastava v. State of U.P. and others [ 2007 (1) ESC 118 (All) (DB)] as well as a Division Bench of this High Court in State of Uttarakhand and others v. Dr. Smt. Pushp Lata Bisht (Special Appeal No. 53 of 2010) the moment a short term vacancy is converted into a permanent vacancy all rights of an incumbent appointed on the short term vacancy come to an end. Therefore, on this count the petitioner has no further right to continue on the said post. Secondly, in case the earlier incumbent, namely, Sri Mam Chand Sharma has returned on this post, then the writ petition in any case has become infructuous. On merits therefore the case of the petitioner has no force and the writ petition is liable to be dismissed and is hereby dismissed. Interim order dated 9.5.2000 is also vacated. No order as to costs. (Sudhanshu Dhulia, J.) 18.6.2010 Avneet