Shitla Pd.Srivastava, J. - (1.) This special appeal has been filed by the appellant (petitioner) against the Judgment and order dated 18.5.1998 passed by learned single Judge dismissing the writ petition of the appellant.
(2.) The brief facts giving rise to the writ petition has been mentioned in the affidavit filed by one Mahesh Chandra Sharma, who is brother of the appellant. Along with affidavit, documents beginning from the date of the appointment of the appellant till the cancellation of his appointment as assistant teacher in Ashok Higher Secondary School, Sarawan, district Meerut, have been filed. It is stated in the affidavit that petitioner's father Mam Chandra Sharma was serving as permanent lecturer in Chemistry in Janta Inter College Saroorpur, district Meerut. He died on 26.11.1987 while he was in service. The petitioner applied for appointment on compassionate ground. He was appointed as assistant clerk by the Committee of Management of the institution on 24.9.1992 and he joined his service as assistant clerk in the institution. At that time, the petitioner had passed only intermediate examination and subsequently he passed his B.A. examination in the year 1993 and B.Ed. examination in the year 1994.
(3.) After appointment of the petitioner as assistant clerk, a dispute arose regarding the post on which the petitioner was appointed, as one Rohtas Singh and Salyavlr Singh were also appointed on the said post. They challenged the order of appointment of the petitioner by filing writ petitions before this Court. The District Inspector of Schools by orders dated 15.9.1994 and 4.3.1995 declared the petitioner to be surplus. The order of confirmation of the appointment of the petitioner to the post of assistant clerk was cancelled by the Manager of the institution vide order dated 16.1.1995. It appears that when the petitioner became qualified for the post of assistant teacher, he submitted an application on 2.2.1995 that he should be appointed as an assistant teacher on the post which had fallen vacant in L.T. grade. This application was filed on the basis of certain amendments made in Regulations 101 to 107 introduced in Chapter III of the Regulations framed under the U. P. Intermediate Education Act by means of notification dated 30.7.1992. The application of the petitioner was forwarded by the Manager of Janta Inter College where the father of the petitioner had served before his retirement as a teacher as well as by the Manager of Kisan Inter College. Meerut. When no action was taken by the District Inspector of Schools on the representation of the petitioner, he preferred Civil Misc. Writ Petition No. 18292 of 1995 in which this Court directed the District Inspector of Schools to decide the representation of the petitioner. On 18.7.1995 petitioner made a fresh representation. The District Inspector of Schools on 30.1.1997 passed an order that the petitioner shall be appointed as an assistant teacher in Nav Bharat Vidya Peeth Inter College. Partapur, district Meerut. It appears that on 14.6.1997. the Manager. Committee of Management of Ashok Higher Secondary School. Saranwa, district Meerut. made a request to the District Inspector of Schools that the petitioner be accorded replacement in his institution on the vacancy which was going to occur due to the retirement of Sri Richha Pal Singh on 30.6.1997. The District Inspector of Schools on 30.6.1997 passed an order directing the replacement of the petitioner at Ashok Higher Secondary School. Saranwa. district Meerut, as assistant teacher. The petitioner joined on 1.7.1997. But subsequently on the salary bill of August, 1997. an endorsement was made on 22.8.1997 by the District Inspector of Schools that the bill should not be passed. The petitioner filed CM! Misc. Writ Petition No. 29649 of 1997. This Court on 12.9.1997 passed an order that as the petitioner started discharging his duty in compliance of the order dated 30.6..1997 passed by the District Inspector of Schools, Meerut, the respondents are directed to pay salary to the petitioner month by month in accordance with law. But this order will not prevent the respondents from making an enquiry or taking any action in terms of the decision, in such an enquiry in respect of the petitioner's appointment. It appears that the District Inspector of Schools on 24.4.1998 passed an order and cancelled the order dated 30.6.1997 by which the petitioner was appointed as assistant teacher. The petitioner has challenged this order by means of Civil Misc. Writ Petition No. 16614 of 1998. which was dismissed on 18.5.1998 by the learned single Judge against which this special appeal has been filed.;