- (1.) Petitioner before this Court seeks quashing of the order of the Director, Secondary Education dated 19th June, 2009 as also a writ of mandamus directing the Respondents to provide salary to the Petitioner as Assistant Teacher of primary section attached to Mangal Rai Girls Higher Secondary School, Patla, Ghaziabad from the date of appointment i.e. 30.10.2000 and to continue to make the payment of salary as such regularly.
(2.) Facts, in short, giving rise to the present writ petition are as follows: Mangal Rai Girls Higher Secondary School, Patla, Ghaziabad is a recognized and aided girls high school. It is admitted that the provisions of the Intermediate Education Act and the regulations framed thereunder are fully applicable to the primary section, which is part and parcel of the same high school institution. One Smt. Krishna Rehlan is stated to have retired from the post of Assistant Teacher primary section. For filling up the said vacancy the manager of the institution obtained a permission from the Finance and Account Officer in the office of the District Inspector of Schools and thereafter proceeded to advertise the vacancy in Hindi newspaper 'Amar Ujala' on 3.10.2000. The vacancy was earmarked for O.B.C. category candidate only. The Petitioner alongwith two other candidates applied and is said to have been selected by the section committee constituted for the purpose in its meeting held on 15.10.2000. The Manager of the institution decided to offer appointment to the Petitioner and forwarded the relevant papers for the approval of the District Inspector of Schools, who under the order dated 5.2.2001 refused to accord financial approval to the appointment so made on the ground that the appointment was in excess of the total sanctioned post available in the primary section.
(3.) Not being satisfied the Petitioner filed Writ Petition No. 15703 of 2001. The writ petition was disposed of by providing that since the power to create post under U.P. Act No. 24 of 1971 is available with the Director and in the facts of the case creation of the post is required, matter be examined by the Director of Education. With the aforesaid direction the writ petition was disposed of permitting the Petitioner to represent his grievance by way of representation.;