- (1.) The present special appeal has been filed against the judgment and order dated 22.9.2008 passed by the learned single Judge dismissing Civil Misc. Writ Petition No. 49796 of 2008 filed by the petitioner-appellant. It appears that the petitioner-appellant was working on the post of Lecturer in Gangapur Inter College, Gangapur, Varanasi (hereinafter also referred to as "the institution in question"). By the order dated 7.3.2008, Prabandh Sanchalak was appointed in the institution in question. One Dashrath Singh, who was working as the Principal of the institution in question, after attaining the age of superannuation retired from the post of Principal on 30.6.2008.
(2.) By the order dated 1.7.2008 passed by the Prabandh Sanchalak of the institution in question, the petitioner was appointed as Officiating Principal of the institution in question. It was further observed in the said order dated 1.7.2008 that the pay, allowances, etc., admissible for the said post, would be payable after the consent/approval of the District Inspector of Schools. Varanasi.
(3.) By the order dated 26.7.2008, the District Inspector of Schools, Varanasi attested the signature of the petitioner-appellant consequent to his appointment as Officiating Principal of the institution in question. It further appears that by the order dated 5.9.2008 passed by the Additional Director of Education (Intermediate), Uttar Pradesh, Allahabad, the respondent No. 6, who was working as the Principal of Gahmar Inter College, Gahmar, Ghazipur, was transferred as Principal of the institution in question. It further appears that the said transfer order was made after the Committee of Management, Gahmar Inter College, Gahmar passed a resolution dated 17.8.2008 and gave its No-Objection Certificate dated 17.8.2008, and also the Prabandh Sanchalak of the institution in question passed a resolution dated. 19.8.2008 and gave his No-Objection Certificate dated 19.8.2008. Pursuant to the said transfer order dated 5.9.2008, the respondent No. 6 submitted his joining on the post of Principal of the institution in question. The District Inspector of Schools by the order dated 15.9.2008 attested the signature of the respondent No. 6 as the Principal of the institution in question.;