K.N.Singh, J. - (1.) By means of this petition under Article 226 of the Constitution, the petitioner has claimed relief for the issue of a writ of certiorari quashing the orders dated 5-5-1977, 21-5-1975 and 19-3-1974(sic?) passed by the State Government, Deputy Director of Education and the District Inspector of Schools, respectively and also for the issue of a writ of mandamus directing the respondent to fix the petitioners salary in the revised scale of pay and treating him to be a lecturer with effect from 1-1-1965.
(2.) The petitioner was working as Assistant Teacher in L. T. Grade in Saraswati Inter College, Hathras, district Aligarh, an aided and recognised institution. The management of the college promoted the petitioner from L. T. Grade to Lecturer's grade on 1-1-1965 and submitted the papers to the District Inspector of Schools for approval The District Inspector of Schools, by his order dated 6-4-1968 granted approval to the petitioner's promotion and appointment to the Lecturers grade. On some complaint being made against the petitioner s promotion and appointment, the District Inspector of Schools, by his order dated 1-6-1968 stayed the order of approval. The petitioner thereupon filed a writ petition in this court which was dismissed by a learned single Judge. The petitioners special appeal was allowed and the order of the District Inspector of Schools dated 1-6-1968 was quashed. Thereafter the District Inspector of Schools fixed the petitioner's salary in the revised scale of pay. The Deputy Director of Education treated the petitioner in Lecturer's grade with effect from 1-1-1965. The Deputy Director of Education, however, did not approve the action of the District Inspector of Schools. The Director of Education referred the matter to the State Government by bis letter dated May 5, 1977. The State Government held that the petitioner was entitled to salary in Lecturers grade with effect from April, 13, 1968 the date on which he assumed charge of the lecturer. Aggrieved, the petitioner has filed this petition challenging the order of the State Government, Deputy Director of Education and the District Inspector of Schools.
(3.) Learned counsel for the petitioner urged that ever since the promotion and appointment to lecturers grade on 1-1-1965 the petitioner had been working in that grade and teaching students. The approval granted by the District Inspector of Schools on 6-4-1968 would related back to the date of the petitioners appointment. The respondent authorities had committed patent error in granting the benefit to the petitioner for the period for which he worked as Lecturer In the counter affidavit filed on behalf of the respondent District Inspector of Schools, it is asserted that the management submitted the papers to the District Inspector of Schools on 14-7-1965 for obtaining approval to the petitioners promotion since tire papers were incomplete the District Inspector of Schools asked for additional information and the management took undue time in submitting the necessary information. The District Inspector of Schools, therefore, could grant approval on 6-4-68 and thereafter the petitioner was allowed to join as lecturer on April 13,1968. It is further asserted on behalf of the respondents that the petitioner is entitled to his salary in lecturers grade with effect form 13-4-1968 and not for any prior period.;