- (1.) HEARD learned Counsel for the parties and perused the written arguments submitted by learned Counsel for the respondent No. 2. This special appeal is directed against judgment and order dated 6.12.1996 passed by Hon'ble Single Judge in writ petition No. 4271 (S/S) of 1996. The writ petition was filed by Committee of Management, Boys Anglo Bengali Inter College - the appellant No. 1 and was directed against order of District Inspector of Schools (D.I.O.S.), Lucknow dated 1.7.1996 and consequent order of 19.7.1996 in favour of respondent No. 2 - Mahesh Kumar Mishra directing that he should be appointed/adjusted as Assistant Teacher in L.T. Grade with effect from 16.9.1995 when order of promotion of another teacher Amlendra Rai from the post of L.T. Grade teacher to Lecturer was passed. In the order dated 16.9.1995 it was mentioned that Shri Rai should be promoted with effect from 14.8.1993.
(2.) THE D.I.O.S. passed the order dated 1.7.1996 in pursuance of judgment and order of this Court dated 24.5.1996 passed in writ petition No. 2731 (S/S) of 1996. The said order was passed on the first date of hearing without even issuing notice to the Committee of Management - appellant No. 1 which was respondent No. 3 in the said writ petition. In the said writ petition Shri Mahesh Kumar Mishra had challenged the order of D.I.O.S. dated 11.2.1994 as well as order passed by Deputy Director of Education on 1.11.1994 on the appeal of President of the College. Respondent No. 2 Shri Mahesh Kumar Mishra and four other persons had earlier filed writ petition No. 775 of 1995 against the same order of D.I.O.S. dated 11.2.1994. (The said writ petition is still pending). In the said writ petition of 1995 it has been stated by all the five petitioners that in 1993 the college in question had advertised five posts of L.T. grade teachers and the petitioners had been appointed after following due procedure and D.I.O.S. through order dated 11.2.1994 had wrongly refused to approve the appointments on the ground that the appointments were made over and above permissible strength of teachers.
(3.) WRIT petition No. 2731 of 1996 (supra) filed by Shri Mahesh Kumar Mishra alone was disposed of on 24.5.1996 "with the direction to the D.I.O.S. to re - consider the matter regarding the approval of the petitioner with effect from 16.9.1995." In paragraphs 34 to 38 of the said writ petition of 1996, the facts regarding filing and pendency of earlier writ petition of 1995 by five persons including Shri Mahesh Kumar Mishra were mentioned. In para -38 of the said writ petition it was mentioned that in view of changed circumstances i.e. approval and promotion of Shri Rai through order dated 16.9.1995, the position relating to the petitioner (Shri Mahesh Kumar Mishra) had changed as such petitioner not pressed the writ petition No. 775 of 1995. The whole para (38) is quoted below: That on account of the approval of the promotion of Sri Amlendra Rai on 16.9.1995 the position relating to the deponent have changed as such petitioner not pressed the writ petition No. 775 (S/S) of 1995 with the permission to file a fresh writ petition before this Hon'ble court raising his grievance separately in view of the changed circumstances.;