Shitla Pd. Srivastava, J. - (1.) This special appeal has been filed by the appellant, who was the petitioner before the learned single Judge, against the judgment and order dated 26.2.1996 passed by learned single Judge.
(2.) The brief farts lor the purposes of this appeal are that the petitioner filed writ petition challenging the order dated 30-3.1991 passed by the District inspector of Schools, Muzaffarnagar and further prayed for a writ of mandamus directing the respondents to pay the arrears of salary from July, 1989. The impugned order has been filed as Annexure-21 to the writ petition. This order shows that on 3.1.1991, the petitioner was adjusted in National Public Inter College Jalalabad, district Muzaffamagar on the post of a teacher, which fell vacant. This adjustment was found irregular and has been cancelled and petitioner was reverted back to his parent school.
(3.) The contention of the petitioner was that he was appointed as C.T. Grade teacher in Janta Junior High School at Lachera, district Muzaffamagar on 28.7.1981. The school was upgraded to Intermediate College. Petitioner's services were confirmed on 1.8.1982 but in the month of June, 1989, the management stopped his salary and did not permit him to work further. It is stated that the petitioner informed the District Inspector of Schools ventilating his grievance made representation and the District Inspector of Schools told the Committee of Management for the payment of salary to the petitioner but the petitioner was not allowed to work in the institution. Therefore, the District Inspector of Schools vide his letter dated 9.8.1990 transferred and adjusted the petitioner in the same status in another institution, namely, K. K. Jain Inter College, Khatauli, district Muzaffarnagar but the management of that college refused to take work from the petitioner. Then the District Inspector of Schools attached the petitioner with his office but he was not paid any salary. The Committee of Management, Janta Inter College, Lachera, district Muzaffarnagar relieved the petitioner on 24.8.1990. Then the District Inspector of Schools on 3.1.1991 after taking oral approval from the Deputy Director of Education, Region 1, Meerut, directed the Committee of Management, National Public Inter College. Jalalabad, district Muzaffarnagar to adjust the petitioner in C.T. grade. The case of the petitioner is that he was adjusted in that college and he joined the college on 4.1.1991. It is stated that the petitioner has received a letter of the Manager of National Public Inter College, Jalalabad dated 31.1.1991 and also of the Principal dated 18.1.1991 demanding official papers. The petitioner made representation on 14.3.1991 to the Committee of Management. National Public Inter College, Jalalabad, for the payment of salary but no salary was paid. The District Inspector of Schools passed an order for single operation against the Committee of Management, National Public Inter College, Jalalabad on 13.3.1991. The Committee of Management filed Writ Petition No, 8389 of 1991 against this order, A stay order was passed by the High Court. It is stated that though the petitioner was working in National Public Inter College. Jalalabad, but he was not paid his salary and the District Inspector of Schools on 30.3.1991 under the order dated 16.3,1991 passed by the Deputy Director of Education. Region I. Meerut withdrew the order dated 3.1.1991. The petitioner has challenged the order in the writ petition.;