Devendra Kumar Arora, J. - (1.) NOTICE on behalf of opposite party no. 1 has been accepted by learned Chief Standing Counsel. Sri D.R. Misra, Advocate has accepted notices on behalf of opposite parties no. 2 to 4.
(2.) IN view of the order proposed, the issuance of notice to the opposite party no. 5 is dispensed with. By means of present writ petition, the petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties no. 1 & 2 to take a decision on the petitioner's claim for his appointment and pass appropriate orders within a stipulated period fixed by this Court. Submission of Learned Counsel for petitioner is that the petitioner applied for the post of Head Master in Kisan Poorva Madhyamik Vidyalaya, Jarauti, Hapur, district Ghaziabad and after completing the process of selection the entire papers with respect to selection of the petitioner were sent to the District Basic Education Officer for the financial approval who accorded approval vide order dated 26.8.2003. After approval, petitioner was issued appointment letter on 29.8.2003 and he joined on his post forthwith and since then he is continuously working on his post. However, it appears that on some complaint petitioner's appointment was cancelled vide order dated 21.2.2007, passed by the opposite party no. 2.
(3.) FURTHER submission is that the petitioner for redressal of his grievance approached this Court by way of filing Writ Petition No. 19101 of 2007 which is still pending. In the meantime, similar controversy came up before this Court in which appointment of one Sri Rishi Kant Sharma was challenged who was appointed on 24.10.2002 i.e. prior to 2008 Notification. The said writ petition was allowed vide judgment & order dated 22.12.2010. Against the said order special appeal no. 80 of 2011 was preferred which was allowed by the Division Bench vide order dated 26.5.2011 and against the said order S.L.P. Was preferred before the Apex Court which was dismissed vide judgment & order dated 23.8.2011.;