- (1.) THE main relief's prayed for in the present petition are as under: (a) Issue a writ, order or direction in the nature of mandamus directing to the opposite parties to take appropriate action against guilty teachers/employees; officials/officers Manager/Principal by considering the enquiry report submitted by Principal Secretary (Secondary Education) (Annexure No. 10 of the writ petition). (b) Issue a writ, order or direction in the nature of mandamus directing to the concerned authorities to submit the copy of order dated 03.09.1990 and 02.02.1991 regarding creation of post of teachers/employees of aforesaid institution and set aside the same.
(2.) PRAYER Clause (b) was dropped at the time of hearing as is evident from the order dated 09.09.2010. The principal contention is to take action based on the enquiry report submitted by the Principal Secretary (Secondary Education) (Annexure No. 10 to the petition).
(3.) FOR better appreciation of the controversy, we may refer to certain facts and events. The Management of the Institution filed two writ petitions, being Civil Misc. Writ Petition No. 20320 of 1991 and Civil Misc. Writ Petition No. 9955 of 1992. Writ Petition No. 20320 of 1991 came to be disposed of by order dated 4.10.1993. In Writ Petition No. 20320 of 1991, the Petitioners sought a writ of mandamus directing the Respondents to treat and to include 30 pre -existing posts of CT Grade teachers, existing as not dead, while calculating the total strength of sanctioned teachers in the Institution and further to pay salary to all the teachers and staff of the Institution whose names were recommended by the District Inspector of Schools, Deoria, vide his final recommendation letter dated 24.1.1992 for teachers and staff of the Institution.;