Ashwani Kumar Mishra,J. - (1.) This Court had disposed of the Writ-A No. 39275 of 2017 vide order dated 25.9.2019 which is as under:- "Heard Sri Ashok Kumar Pandey, learned counsel for the petitioners and learned Standing counsel for the respondents-State.
(2.) Present petition has been filed for the following reliefs: "A. a writ, order or direction, in the nature of certiorari quashing the impugned order dated 03.08.2017 issued by the District Inspector of Schools, Kushinagar/ respondent no. 5. B. a writ, order or direction, in the nature of mandamus, directing the respondents not to give effect to the impugned order dated 03.08.2017 issued by the District Inspector of Schools, Kushinagar/ respondent no. 5. C. a writ, order or direction, in the nature of mandamus, directing the respondents for the payment of salary to Sri Ambrish Kumar Pandey on the post of Clerk working in the institution/ Srinath Sanskrit Mahvidyalaya, Hata, District- Kushinagar."
(3.) Petitioners before this Court are Committee of Management and its Manager. According to petitioners the Institution Srinath Sanskrit Mahvidyalaya is affiliated to Sampurnanand Sanskrit University, Varanasi and is an aided institution receiving grant in aid from the State Government. As far as payment of salaries to teachers and employees are concerned, the same are paid in terms of provisions contained in U.P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Staff) Act, 1971 (for short'U.P. Act no. 24 of 1971'). As stated in the petition the Committee of Management had appointed a clerk in the Institution in pursuance of Government Order dated 16.01.1992, who received salary under the U.P. Act No. 24 of 1971 till he retired from the post. Thereafter, Committee proceeded for fresh selection on the said post and an advertisement was made in two daily newspapers. Three members were appointed vide resolution of Committee of Management dated 21.05.2017 for Selection Committee, namely Smt. Saroj Dubey, Principal, Rajkiya Inter College, Hata, Ram Bhajan Chauhan, Kishan Inter College, Kushinagar and Sri Ram Naresh Prasad, Senior Lecturer, Principal of the Institution. According to petitioners seven candidates appeared for interview, and the Selection Committee recommended the name of Ambrish Kumar Pandey. Committee of Management appointed Ambrish Kumar Pandey on the recommendation of Selection Committee and an appointment letter was issued on 25.07.2017, and the same day he joined the Institution. Documents of the selected candidate was forwarded by the Committee of Management as required under the Government Order dated 16.01.1992 to the respondent no. 5 as well as respondent no. 4 along with all relevant documents of the selected candidates as well as entire selection proceedings. It is stated that the said documents were received in the office of respondent no. 5 on 27.07.2017. It has also been stated that respondent no. 4 on 01.07.2017 accorded approval to the selection of Ambrish Kumar Pandey (clerk). Learned counsel for the petitioner submitted that despite the approval accorded by respondent no. 4, respondent no. 5 on 03.08.2017 had written a letter to the Principal of Rajkiya Kanya Inter College, Hata who was one of the Members of the Selection Committee for submitting copy of the document which authorised her to take part in the said Selection Committee. It has further been contended that the Selection Committee was constituted by petitioners after the respondent no. 5 had given permission to the Institution on 06.05.2017 to proceed for filling up the post of clerk. Learned counsel for the petitioners further submitted that the post of the clerk has been filled up as per Government Order dated 16.01.1992 and the Deputy Inspector Sanskrit Pathsala, Gorakhpur Region, Gorakhpur had already accorded approval, as such the action of the respondent no. 5 in demanding the copy of the order by which the Selection Committee was constituted was patently illegal.;