- (1.) Heard Sri P.N. Saxena, learned Senior Counsel appearing for the appellant-Committee of Management; Sri Vinod Sinha, learned Counsel appearing for the writ petitioner-respondent No. 1 and learned Standing Counsel appearing for respondent Nos. 2, 3 and 4. The appellant has come up in this appeal against the interim order passed by the learned Single Judge dated 8.7.2010, whereby a direction has been issued to the Committee of Management as well as the respondent authorities to ensure compliance of the orders passed in favour of respondent No. 1 to allow him to discharge duties and functions as Head Clerk of the Institution.
(2.) Mr. Saxena, learned Counsel appearing for the Committee of Management, contends that the very appointment of respondent No. 1 as Assistant Clerk was in jeopardy and, as a matter of fact, the respondent No. 1 is not qualified for being promoted to the post of Head Clerk as well. Keeping in view the provisions of Regulation 2 of Chapter III of the U.P. Intermediate Education Act, 1921, he further submits that the order passed by the District Inspector of Schools directing that the respondent No. 1 shall be treated to have been promoted as Head Clerk from a particular future date and the order having been passed on 9th January, 2006, the same is not in consonance with the aforesaid provisions and, hence, the interim order granted by learned Single Judge is unwarranted and deserves to be set aside.
(3.) Mr. Vinod Sinha, learned Counsel for respondent No. 1 contends that, as a matter of fact, the committee is resisting the appointment on the post of Assistant Clerk as well as subsequent promotion of respondent No. 1, right from the beginning and that is why the District Inspector of Schools passed the order on 20th November, 1999 directing the Committee of Management to promote the respondent No. 1 from Class-IV to the post of Class-Ill as Assistant Clerk. The Committee of Management, which was then existing, did not take any steps for promoting the respondent No. 1 on the pretext that there was an interim order passed in Civil Misc. Writ Petition No. 47650 of 1999 filed by one Nagendra Kumar. It may be noted that Nagendra Kumar was claiming appointment on compassionate basis. The said writ petition filed by Nagendra Kumar was dismissed on 14.10.2003. The Committee of Management, by that time, was superseded and the Authorized Controller took over the charge on 28th February, 2003. A direction was issued by the District Inspector of Schools to the Authorized Controller, to comply with the direction of the District Inspector of Schools to hand over charge to the respondent No. 1 as Assistant Clerk on 14.2.2004 pursuant to the order dated 20.11.1999. Consequently, it is contended that the order dated 9.1.2006 does not suffer from any infirmity.;