K.C.Agarwal, J. - (1.) The petitioners are the teachers in Gautam Inter College, Pipra Ramdhar, district Deoria. The College is an institution recognized by the Board of High School and Intermediate Education.
(2.) On the two posts in C.T. Grade falling vacant, the Committee of Management passed a resolution regularising the appointments of the petitioners on substantive basis. On these posts, the two petitioners were previously working on ad hoc basis. According to the petitioners, the District Inspector of School accorded his approval to the resolution on 1-6-1979. He, however, directed that the petitioners appointments were temporary and would continue till permanent arrangements were made. The petitioner claimed that they had been working as teachers in C.T. Grade as against clear vacancies, but were not being paid their salaries to which they were entitled to. The assertion was that their names had teen included in the names of the teachers submitted to the District Inspector of Schools. As despite repeated representations to the Manager as well as to the District Inspector of Schools and Deputy Director of Education VII Region, Gorakhpur the petitioners had not been paid the salaries, therefore, they had to approach this Court by means of the present petition for issue of writ of Mandamus directing the District Inspector of Schools and the State of Uttar Pradesh for payment of salaries to them.
(3.) In the counter-affidavit filed on behalf of the District Inspector of Schools, the petitioners assertion that they had been appointed as against the clear vacancies, had been denied. The District Inspector of Schools alleged that the appointments were purely on temporary basis and expired on 20th May, 1979. Thereafter, there was no provision to continue the services of the petitioners without obtaining the sanction of the District Inspector of Schools. About the resolution passed by the Committee of Management, the District Inspector of Schools pleaded that he had not received any such resolution which has been talked of in the writ petition. The District Inspector of Schools further stated that the services of the petitioners could not be regularised under the provisions of U.P. Intermediate Education Act and the Regulations framed thereunder. On these pleas, the claim of the petitioners has been repelled.;