Hon'ble Sudhir Agarwal, J. - (1.) AGGRIEVED by the order dated 10th July 2006 (Annexure 6 to the writ petition) passed by Director of Education (Secondary), U.P. Lucknow, respondent No. 2, this writ petition under Article 226 of Constitution of India has been filed by the petitioner Uma Shankar Yadav seeking a writ of certiorari for quashing the same, He has also sought a writ of mandamus commanding the respondents not to interfere in the working of petitioner as Assistant Teacher and pay entire arrears of salary w.e.f. July 1995 till date with interest @ 12% per annum.
(2.) BY means of impugned order the respondent No. 2 has held that the petitioner was never appointed on the post of Assistant Teacher in the institution in question legally and, therefore, his claim for salary from the State exchequer cannot be accepted. The facts giving rise to the present dispute, as stated in the writ petition, are being stated briefly as under. Naveen Adarsh Higher Secondary School situated at Isari Salempur, District Ballia (hereinafter referred to as "the School") was a Junior High School. It was upgraded as High School on 12th August 1977.
(3.) AS Junior High School, it was not receiving any grant-in-aid and, therefore, salary to staff of the school used to be paid by management from its own resources. The committee of management passed a resolution on 1st January 1978 approving recommendations of Selection Committee for appointment of 3 Assistant Teachers, (L.T. Grade), 10 Assistant Teachers (C.T./B.T.C. Grade), one Clerk and certain class IV employees. The petitioner was already working pursuant to appointment letter dated 20th July 1977. After approval of District Basic Education Officer (hereinafter referred as the "DBEO") granted on 20th August 1977, he was also absorbed.;