B.L. Yadav, J. - (1.) By the present petition under Article 226 of the Constitution of India the prayer is that the respondents may be directed to pay the past salary of the petitioner as Assistant Teacher in C. T. Grade since 8-7-1988 till today and the continue to pay salary in future regularly till the petitioner continues on the post of Assistant Teacher in C. T. Grade in the said institution.
(2.) The factual metrix of the case is that one Sri Neera Lal Sharma was promoted in L.T. Grade from C. T, Grade and consequently a vacancy occurred in C. T. Grade. The Committee of Management by its resolution dated 8-4-1988 resolved that the District Inspector of Schools may be informed about the vacancy that has occurred in C. T. Grade and the applications for the said purpose may be invited from the persons desiring to join and serve as Assistant Teacher in C.T. Grade (vide Annexure-1 to the petition). The matter was referred to the District Inspector of Schools in pursuance of Para 2 of the U. P. Secondary Education Service Commission (Removal of Difficulties) (Second Order), 1981 (for short the order). The vacancy was notified and the petitioner was one of the applicants along with some other candidates. The petitioner secured higher quality marks (vide Annexure-2 to the petition) and was consequently appointed by order dated 30-4-1988 (vide Annexure-3 to the petition) and the matter was intimated to the District Inspector of Schools. That letter was received in the Office of District Inspector of Schools on 3-5-1988, but no order has been passed by the District Inspector of Schools. The petitioner is regularly serving on the said post and no payment of salary has been made to petitioner since 8-7-1988.
(3.) Learned counsel for the petitioner urged that in pursuance of para 3 (iii) of the said order either the District Inspector of Schools indicates his decision with seven days from the date of receipt of particulars, otherwise it shall be deemed that the District Inspector of Schools has given his approval.;