Devendra Pal Singh Chauhan, J. - (1.) BY means of this petition, the petitioner has prayed for a writ of mandamus commanding the respondents to pay the arrears of his salary w.e.f. 1 -7 -1986 and, further, to continue to pay the salary of the post of Chaukidar (a Class IV post) in Akhandanand Janta Inter College, Garautha, District Jhansi, and also a mandamus directing the respondent No. 2 to pass a formal order approving the appointment of the petitioner. The brief facts are that the Principal of Akhandanand Janta Inter College, Garautha, District Jhansi, advertised the post of Chaukidar in the College on 6 -6 -1986 and in pursuance of the advertisement, after interview, selection was made. The petitioner appeared in the selection and he was selected and order of appointment was issued to him by the Principal on 30 -6 -1986, whereby he was required to join in the College as Chaukidar w.e.f. 1 -7 -1986. In pursuance of the appointment order, the petitioner joined in the College.
(2.) THE grievance of the petitioner is that he has not been paid his salary since the date of his joining and not only this, the approval of his appointment has not been accorded by the District Inspector of Schools. According to the counsel for the petitioner, appointment on the post of Class IV in the College is not required to be approved by the District Inspector of Schools but his sanction is obtained because of the provisions of the Payment of Salaries Act. The appointment order is annexed as Annexure 2 -A to the petition and the same supports the facts, as have been stated by the counsel for the petitioner. Annexure 3 to the petition is a letter whereby the Principal of the College has requested the District Inspector of Schools for granting approval. This letter is dated 10 -7 -1986.
(3.) A counter affidavit has been filed by the learned Standing Counsel. In the counter -affidavit the case set up is that one Nawab Khan, who was a Peon in the College, died on 5 -3 -1986 and under the Government Order relating to appointment on the principle of dying in harness, his widow Smt. Anwari Begum was given appointment on 17 -3 -1986 by the Principal himself. According to the learned Standing Counsel, there were only 10 sanctioned posts in Class IV in the College and on the post which fell vacant on account of death of Nawab Khan, her widow has been appointed. The appointment of the petitioner was, thus, beyond the strength of the sanctioned posts and, therefore, he is not entitled to any relief.;