Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record.
(2.) The petitioner was appointed as an Assistant Teacher in L.T. Grade in B.R.K. Inter College, Walidpur, district Mau. The writ petition has been filed challenging the order dated 13.1.1995 passed by the District Inspector of Schools, Mau, whereby the claim of the petitioner for payment of arrears of difference in salary with effect from 8.1.1991 to 31.8.1994, has been denied. The petitioner has claimed for payment of his salary with all consequential benefits as Assistant Teacher with effect from 8.1.1991 to 31.8.1994 after deducting amount of salary of the petitioner already paid to him for the post of peon.
(3.) The petitioner was appointed as Assistant Teacher on ad hoc basis by the Committee of Management of the college on 8.1.1991 and he joined his duties on 8.1.1991. Since then he is continuously working as Assistant Teacher in the college in question but in absence of a formal order of approval, he was not paid his salary in the L.T. grade but was being paid salary applicable to Class IV employees inasmuch as prior to his appointment as Assistant Teacher, the petitioner was working as a Class IV employee in the said institution. This inaction and arbitrariness of the authorities was challenged by the petitioner in Writ Petition No. 16711 of 1991. During the pendency of writ petition, the following interim orders were passed : "The petitioner claims to have been appointed as a lecturer prior to 11.1.1991. It has further been alleged that the Committee of Management has sent the requisite papers to the D.I.O.S. for approval. In case the papers in this regard have been received by the D.I.O.S., he will consider the case for grant of approval. It is made clear that if there is any legal impediment, the D.I.O.S. will pass detailed order giving reasons in this regard within a period of two months of the service of a certified copy of this order. A copy of the order may be issued on payment of usual charges within 48 hours.";