J.M.L.Sinha, J. - (1.) This is a writ petition under Article 226 of the Constitution praying that the order dated 27th July, 1974 (Annexure o to the writ petition) passed by the Deputy Director of Education, 5th Region, Varanasi be quashed.
(2.) The facts giving rise to this petition briefly stated are as follows : The Managing Committee of the Sarvodaya Inter College Shahpur passed a resolution promoting petitioner 1 to the post of Lecturer in Hindi and petitioner 2 to the post of Lecturer in Civics The approval of the District Inspector of Schools was duly obtained to that appointment. Later on the Deputy Director of Education (respondent 2) directed the District Inspector of Schools not to make any payment of salary to the teachers who had been promoted or appointed after the receipt of the Government Order dated 24th January, 1974. It appears that on account of the aforesaid order payment of salary was withheld and hence the writ petition.
(3.) The petition in opposed on behalf of respondents. The stand taken by the respondents is two fold viz : (1) That the appointment of the petitioner having been made after issue of the Government order dated 24th January, 1974 was invalid (2) That the appointment of the petitioner to the post of Lecturers was neither called for nor was in accordance with the regulations.;