A.K.Yog, J. - (1.) Heard Ms. Anu Jaiswal, learned counsel for the petitioner and the learned standing counsel for the respondents.
(2.) Jagannath, Suresh, Smt. Naseem, Kundan Singh (who has died during pendency of writ petition) and Jag Narain (petitioner 1 to 5), claim to be appointed as class-IV employees. Arvind Kumar Singh, Chandra Shekhar Singh and Jawahar Pandey (petitioners 6, 7 and 8) claim to be appointed as Assistant Teachers (L.T. and C.T. Grade). Murlidhar is said to be appointed as head-master of 'Janta Inter College, Garhmukhteshwar, Ghaziabad', (called the college). These persons (petitioners) have filed these petitions under Article 226, Constitution of India and prayed for issuing a writ, order or direction in the nature of certiorari to quash the impugned order dated 27.1.1997 (Annexure-7 to the writ petition) passed by the District Inspector of Schools, Ghaziabad/respondent No. 1 directing the Treasury Officer (Hapur-Ghaziabad) to return salary bills of all the persons of the college staff, including petitioners for the month of April, May and June, 1996, except eight persons mentioned in that order on the ground that in view of the dispute in the college, an inquiry is contemplated by the Government. The petitioners also claim a writ, order or direction in the nature of mandamus directing the Manager, Zila Sahakari Bank, Garhmukteshwar, Ghaziabad (respondent No. 2) to transfer the salary amount into the accounts of the petitioners and any other writ, order or direction which this Court may deem fit and proper in the facts of the case. 1. Murlidhar Singh and others v. State of U. P., W.P. No. 1511 of 1986.
(3.) The college, which was initially a Junior High School and governed by U. P. Basic Education Act was upgraded to the level of High School wide order dated 2.3.1984 and consequently the college came within the purview of U. P. Intermediate College Education Act, 1921 (as amended upto date). When institution was at 'Junior High School' level, it received grant-in-aid from the Government as per rules applicable to it as such. It ceased to receive said grant-in-aid with the change of its status. This interrupted payment of salary to its staff and the then Head-Master, and other members of college staff, Murlidhar Singh and eleven other, filed Writ Petition No. 1511 of 1986 and an interim order was passed on 18.10.1986 as in following terms : "Let interim mandamus issue directing the District Inspector of Schools, respondent No. 3/District Inspector of Schools, Ghaziabad, respondent No. 2 to pay the petitioners within six weeks from the date of production of a certified copy of this order before them, the salary due to the petitioners since March 1, 1985, till August 31, 1986 or show cause". The record of the case shows that under aforesaid interim order, those petitioners were paid their salary beyond August, 1986 but it was again stopped for obscure reasons. Later, in the year 1990, an application was filed by the petitioners in this case and an interim order dated 28.8.1990, quoted below, was passed : "The respondents are hereby directed to pay the salary of the petitioner from 1st May, 1990, onwards within six weeks from the date on which a certified copy of this order is produced before them. Regarding future salary, the respondent shall pay to the petitioners, if and when it becomes due." No counter-affidavit has been filed in this Writ Petition No. 1511 of 1986 till date, i.e., even after lapse of 14 years approximately.;