M. Katju, J. - (1.) Petitioner was appointed as C.T. grade teacher by letter dated 2 -5-89 vide (Annexure 1 to the writ petition) and he claimed that ha has been teaching since then. He had been selected by the Committee of Management on ad has basis and information about this fact was sent to the District Inspector of Schools vide letter dated 30-8-8 (Annexure 3 to the writ petition. However, the petitioner has not been paid any salary.
(2.) On 19-12-89 this court granted time to file counter-affidavit to tho studying counsel. Principal has given certificate which is annexed to the rejoinder-affidavit stating that the petitioner is teaching. A Counter-affidavit has been filed on behalf of the respondent No. 2. In para 6 of the counter-affidavit it baa been stated t at the petitioner is not entitled to get any right as the appointment cannot be made on C.T. Grade. However, I and of the view that the petitioner had been appointed in May, 1989 as C.T. Grade teacher and hence his appointment was valid as circular date 2 '-6-89 was issued subsequently.
(3.) In view of the above the writ petition is allowed. Respondent No. 2 is directed to approve the appointment of the petitioner as C. T. Grade teacher w.e f. 23-5-89 and to pay him his salary since then. The arrear shall be paid within 6 weeks of production of certified copy of this order. Petition allowed.;