V.K. Shukla, J. - (1.) Petitioners have approached this Court, requesting therein that a writ in the nature of mandamus be issued directing Respondent Nos. 3 and 4, i.e. District Basic Education Officer, Maharajganj and the Accounts Officer based at the office of the District Basic Education Officer, Maharajganj, to pay salary and due arrears of salary to the Petitioners.
(2.) Brief background of the case is that in Petitioner Nos.1 and 5 were appointed as Assistant Teachers by the Committee of Management of Shrawan Kumar Purv Madhyamik Vidyalaya, Katrari, Mahrajganj on 24.06.1977; Petitioner No. 2 was appointed as Assistant Teacher on 26.07.1975. Petitioner Nos.3 and 4 were appointed as Assistant Teachers by the Committee of Management of the said institution on 29.06.1996, whereas Petitioner No. 6 was appointed as peon in the said institution 24.06.1974. Petitioners claim to have been serving the institution. Initially, they were paid salary, and subsequently, the same was illegally withheld; thereafter enquiry was conducted and report has been submitted on 03.07.2006, clearly holding that the Petitioners were entitled to salary, as their appointment had been made against sanctioned posts. Petitioners submit that despite there being no adverse material against them, their salary has been illegally withheld. Supplementary affidavit has been filed and therein document in respect of appointment and approval has been sought to be brought on record in reference to Petitioner Nos.3 and 4, who have been appointed after the institution in question was brought in the grant -in -aid list of the State Government.
(3.) Counter affidavit has been filed on behalf of the State Respondents and therein entire emphasis is that the appointments had not been validly made. Rejoinder affidavit has been filed disputing the averments mentioned in the counter affidavit and reiterating that the appointments had been validly made. Supplementary counter and supplementary rejoinder affidavits have also been filed.;