SHEKHAR KUMAR YADAV, J. - (1.) The instant writ petition under Article 226 of the Constitution of India has been filed, inter-alia, praying for the following reliefs: i) Issue a writ order or direction in the nature of certiorari quashing the order dated 22.06.2009 (Annexure No.10) to the writ petition passed by Director Higher Education U.P. Lucknow, respondent no.2. ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to pay the salary to petitioner with arrears w.e.f. 01.03.2006 and month to month as and when falls due in accordance with law. iii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful functioning as Class IV employee (peon).
(2.) The facts, in brief, are that the State Government vide a Government Order dated 14th September, 2005 created 145 posts of Class-III and Class-IV in the Government Degree/ Post Graduate Colleges. Four posts each in the category of Lab Attendant and Lab Assistant were created in the College. The Director of Education (Higher), U.P., Allahabad (hereinafter referred to as the "Director") vide order dated 21st November, 2005 directed the Principal of all the Government Degree Colleges to initiate the recruitment process for filling up the vacancies of Class-III and Class-IV posts in their colleges. It is stated that It is claimed that the Committee of Management of the College issued an advertisement was published in daily newspaper "Dainik Jagran" on 17.12.2005 inviting vacancy of four posts in the category of Lab Attendant (Class IV) in Goswami Tulsi Das Rajkiya Snatakottar Mahavidyalaya Karvi, Chittrakoot (hereinafter referred to as the "Institution") calling applications from the eligible candidates against the four posts of Lab Attendant (Class-IV posts). The petitioner made application in pursuance of the said advertisement and they were found suitable by the Selection Committee and, accordingly, the Principal of the Institution issued appointment letters in favour of the petitioner on 28th February, 2006, in pursuance thereof the petitioner joined on 1st March, 2006 on the post of Peon and since then he is working in the Institution. It is alleged that despite the fact that the petitioner has been continuously working and discharging his duties, the payment of salary was withheld from March, 2006 without specifying any reason. Despite repeated representations having been filed by the petitioner before the respondent-authorities, the payment of salary of the petitioner continued to be withheld.
(3.) Aggrieved with the said action of the respondent-authorities, the petitioner filed Civil Misc. Writ Petition No.57104 of 2008 (Virendra Kumar Singh vs. State of U.P. and others) before this Court and vide order dated 12.11.2008, the writ petition has been disposed off. The order dated 12.11.2008 is quoted below: "Contention of petitioner that he has been validly appointed, but no step is being undertaken for ensuring his remuneration since February, 2006. Grievance raised by the petitioner can be very well looked into, examined and remedied by Director of Higher Education, U.P. Allahabad as such liberty is given to petitioner to represent his claim before the aforesaid authority within three weeks from today alongwith certified copy of this order. In this event of any such representation being made, the same shall be looked into, considered and appropriate decision be taken, in accordance with law, within next eight weeks, and the decision so taken shall be communicated to the petitioner. In terms of above observation, present writ petition is disposed of." ;