B. Amit Sthalekar, J. - (1.) By means of this writ petition the petitioner is challenging the order dated 12.6.2008 by which matter relating to the appointment of the petitioner as Assistant Teacher (Sanskrit) in the institution, namely, Adarsh Uchhatar Madhyamik Vidyalaya, Malihan, Phoolpur, Allahabad and the approval granted to his appointment has been rejected by the Director Education( Secondary) U.P..
(2.) The case of the petitioner is that he was appointed in the C.T.grade for teaching Junior High School classes in the Adarsh Uchhatar Madhyamik Vidyalaya, Malihan, Phoolpur, Allahabad on 1.7.1976. The petitioner was an Intermediate pass on the date of appointment. The institution was granted permanent recognition as Junior High School with effect from 1.7.1978 vide letter dated 11.8.1978 of the Deputy Director of Education, Region-IV, Allahabad. Thereafter, it was upgraded to High School level in terms of Section 7A of the U.P. Intermediate Education Act, 1921 and granted permanent recognition by Additional Secretary, Secondary Education Board by his letter dated 24.12.1980. The petitioner has also passed M.A. B.Ed and claims to be entitled to the L.T.grade in terms of the G.O. dated 3.9.1986 upon the declaration of the C.T. Grade to be dying cadre.
(3.) When he was not paid salary, the petitioner along with two others filed Civil Misc.Writ Petition No.27713 of 1993. This writ petition was disposed of by this Court by order dated 29.6.1993 with a direction to the District Inspector of Schools to decide the representation of the petitioners including the present petitioner after giving him and the Committee of Management an opportunity of being heard. In compliance of the said order of this Court, the District Inspector of Schools, Allahabad reconsidered the matter and passed fresh order dated 3.8.1993, which is filed as Annexure-7 to the writ petition. The finding recorded by the District Inspector of Schools, Allahabad in respect of the petitioner, which is at page 53 of the writ petition clearly shows that the petitioner was appointed as Assistant Teacher (Sanskrit) by the Committee of Management on 1.7.1976 and that he did his M.A.(Sanskrit) in the year 1982 and passed the B.Ed. examination in 1985.;