IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 193 of 2009 Kailash Chandra Pandey ….Appellant. Versus State of Uttarakhand and others. …Respondents. Mr. M.C. Kandpal, Senior Advocate with Mr. S.S. Chaudhary, Advocate for the appellant. Mr. P.C. Bisht, Advocate for respondent nos. 1 to 3. Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. Sudhanshu Dhulia, J. (Oral) 1. This Appeal has been filed by the petitioner / appellant against the judgment of the learned Single Judge dated 25.8.2009 in Writ Petition (S/S) No. 105 of 2007. 2. The brief facts giving rise to the present Appeal are as follows: The petitioner/appellant was appointed as a Lecturer in grant-in-aid school, namely, Lal Bahadur Shastri Inter College, Saneti, District Bageshwar on a short term vacancy as the earlier incumbent was promoted as a Principal of the College, who subsequently reached the age of superannuation on 30.6.1999. Therefore, on 30.6.1999 the post on which the petitioner was appointed became a permanent post. 3. It is a settled position of law that once a short term vacancy becomes permanent, the earlier appointment automatically comes to an end. A full bench of the Allahabad High Court, namely, Smt. Pramila Mishra v. Deputy Director of Education, 1997 (2) ESC 1284 (All) 2 (FB) has considered the entire matter in detail and has held that once a short term vacancy becomes a permanent vacancy, all rights of the incumbent, who is appointed on a short term vacancy shall be ceased. This decision of the Full Bench of the Allahabad High Court was also followed by another Division Bench of the Allahabad High Court in Surendra Kumar Srivastava v. State of U.P. and others [2007 (1) ESC 118 (All) (DB)]. Recently, this Court in State of Uttarakhand and others Vs. Dr. Smt. Pushp Lata Bisht (Special Appeal No. 53 of 2010, decided on 17.5.2010) has also followed the law laid down by the above two decisions of the Allahabad High Court and it has been held that all rights of an incumbent on a short term vacancy comes to an end the moment the short term vacancy becomes a permanent vacancy. This law now stands settled and we have also seen that the learned Single Judge (against whose order the present Special Appeal has been filed) in his judgment dated 25.8.2009 has followed the settled position of law as stated above. The learned Single Judge has, therefore, rightly arrived at the conclusion, and dismissed the writ petition. 4. In view of the above, we find no merit in the instant Special Appeal and the same is accordingly dismissed. Rathour (Sudhanshu Dhulia, J.) (J.S. Khehar, C.J.) 16.6.2010