Arun Tandon, J. - (1.) THE dispute raised in these three connected writ petitions pertains to the appointment on the same post of Assistant Clerk in the same institution. THErefore, all these writ petition are being decided by means of this common judgment.
(2.) REJOINDER-affidavit filed on behalf of the petitioner is taken on record. First petition has been filed by Manoj Kumar Sharma. Srat. Bhagwati Devi Kanya Inter College, Allahabad is an institution aided and recognized under the Intermediate Education Act. The provisions of U.P. Act No. 24 of 1971 are also applicable to the same. According to the petitioner one Ram Prakash Sharma was promoted as Head Clerk, as a result whereof a post of Junior Clerk became vacant in the institution. The Committee of Management appointed the petitioner as Assistant Clerk on 29.9.1992. The said appointment of the petitioner is stated to have been approved by the Regional Inspectress of Girls Schools, Agra under order dated 25.1.1994. The order of approval has been enclosed as Annexure-II to the writ petition. It is claimed that the petitioner has been discharging his duties as Clerk since 29th September, 1992 and is entitled to his salary. Despite submission of the salary bill by the management, salary was not paid to him. The petitioner, therefore, approached this Court and prayed for a mandamus directing the State authorities to ensure payment of salary to the petitioner on month to month basis. On the aforesaid allegations, an interim mandamus was issued by this Court on 2.3.1994, which reads as follows: "Learned Standing Counsel representing the respondent Nos. 1, 2 and 4 prays for and is granted one month's time to file a counter-affidavit. Apart from normal mode of service, the petitioner shall serve the respondent No. 3 out of Court, for which purpose, if the requisite steps are taken within three days, the office shall handover the necessary notices etc. to the learned counsel for the petitioner. The notices issued shall indicate that the writ petition shall be listed for admission on 28th April, 1994 by which date the said respondents may file a counter-affidavit. List for admission on 28.4.1994. In the meanwhile, considering the implications arising under the order dated 25.1.1994, passed by the Regional Inspectress of Girls Schools, Agra and the order dated 21.2.1994, passed by the District Inspector of Schools, respondent No. 4, and the fact that the payment of salary to the petitioner inspite of the financial approval of the State, appointment having been accorded in terms of the order dated 25.1.1994 is not being paid to him even though no appointment has been proposed in terms of the Government order dated 30.7.1992, sufficient ground has been made out for the issuance of an interim mandamus. Let an interim mandamus be issued requiring the respondents to ensure the payment of salary to the petitioner henceforth to which he is entitled on the basis of the financial approval granted by the Regional Inspectress of Girls Schools, referred to hereinbefore. This interim mandamus will cease to be operative if the answering respondents show cause by filing a counter-affidavit by the date fixed. It is however, made clear that non-submission of the bill by the Committee of management shall not come in the way of the concerned authority in disbursement of the salary to the petitioner."
(3.) FROM the records of the present writ petition it is apparently clear that a counter-affidavit was filed on behalf of the Committee of Management on 27.4.1994. Meaning thereby that the interim mandamus ceased to be operative. Therefore, there was no occasion for any payment of salary being made to the petitioner. It has, however, happened otherwise. Because of the said order the State authorities have ensured payment of salary to the petitioner in alleged compliance of the said order dated 2.3.1994. The State authorities have chosen not to file any counter- affidavit. In the counter-affidavit of the Committee of Management it has specifically been stated that the alleged appointment claimed by the petitioner is a farce. He was never selected for the post, which became vacant due to promotion of Sri Ram Prakash Sharma as Head Clerk. The Committee of Management did not pass any resolution offering appointment to the present petitioner as Clerk in the institution. It was further explained that Ram Prakash Singh is none other than the father of the petitioner himself and that it was he who has manipulated documents in collusion with the Regional Inspectress of Girls Schools. Reference was also made to the letter of the Regional Inspectress of Girls Schools 31.3.1993, wherein she refused approval to the appointment of the present petitioner after recording a categorical finding that there was no vacancy against which the petitioner could be appointed in the year 1992. In paragraph 30 of the counter-affidavit it is stated that no procedure known to law has ever been followed in the matter of alleged appointment claimed by the petitioner. The only purpose of the present writ petition was to obtain salary from the public exchequer on one pretext or other with the help of his own father Ram Prakash Sharma, who was the then Head Clerk. ;