VINEET SARAN, J. - (1.) CIVIL Misc. Writ Petition No. 3716 of 1989 has been filed by Raj Mani Tripathi with the prayer for quashing the order dated 25 -1 -1989 passed by the Joint Director of Education (Higher Education), U.P. Allahabad, respondent No. 1 and also for a direction to the respondents to treat the petitioner as having been legally appointed on the post of Deputy Librarian in the institution in question. The other Civil Misc. Writ Petition No. 41560 of 1996 has been filed by the Committee of Management Budh Snatakottar Mahavidyalaya, Kushi Nagar (Padrauna) with the prayer for quashing the order dated 30 -3 -1995 passed by the respondent No. 2, Director of Higher Education, U.P. Allahabad and also for a direction to the respondents to make payment of salary to Raj Mani Tripathi on the post of Deputy Librarian in the institution.
(2.) SINCE both these writ petitions relate to the same matter that is the appointment of Raj Mani Tripathi as Deputy Librarian in the institution in question, they are being heard and decided together by a common judgment. Civil Misc. Writ Petition No. 3716 of 1989 shall be treated as leading case. I have heard Sri R.K. Ojha, learned Counsel appearing for the petitioner, Raj Mani Tripathi as well as learned Standing Counsel for State respondents and Sri A.K. Singh, learned Counsel appearing for the Committee of Management and also perused the record.
(3.) THE brief facts of this case are that in the year 1972 the petitioner was appointed as library clerk in the institution in question. The petiitioner is Post Graduate and also possessed the degree of B.Ed. In the year 1979 the petitioner had also obtained a degree of Library Science from the Banaras Hindu University. In the year 1979 one Shyam Narain Mani Tripathi, who was the Deputy Librarian, in the institution, proceeded on leave. In 1980, by orders of the Principal of the institution, the petitioner was given ad hoc charge of the post of Deputy Librarian till the regularly selected Deputy Librarian took charge. Thereafter, in November, 1981, the said Shyam Narain Mani Tripathi resigned from the post of Deputy Librarian and hence a substantive vacancy occurred on the said post. On 1 -2 -1983 the Director of Higher Education permitted that post of Deputy Librarian may be filled up by regular selection. On 26 -2 -1988 an advertisement was issued in the daily newspaper “Dainik Jagran” for filing up the post of Deputy Librarian. Subsequently another advertisement was issued in the daily newspaper “Aaj” on 24 -4 -1988 for filling up the vacancy wherein the requisite qualification for such appointment was also provided. In response, the petitioner as well as the certain other candidates had applied. On 1 -6 -1988 the Selection Committee, duly constituted under the Gorakhpur University Statutes recommended the name of petitioner for appointment on the post of Deputy Librarian. In pursuance of the aforesaid recommendation of the Selection Committee on 2 -6 -1988 the Committee of Management forwarded the papers to the Joint Director of Education (Higher Education), U.P. Directorate of Higher Education, Allahabad, respondent No. 1 for necessary approval. By the impugned order dated 25 -1 -1989 the Joint Director of Education (Higher Education) U.P. Allahabad refused to grant approval for the appointment of the petitioner as Deputy Librarian on the ground that the experience certificate produced by the petitioner, Raj Mani Tripathi was not in accordance with the Government Order. The petitioner thus filed writ petition No. 3716 of 1989 for quashing the said order. In this writ petition on 6 -4 -1992 the specific directions were issued to the respondents to pay salary to the petitioner admissible to the post of Deputy Librarian provided he was discharging the duties attached to the said post. In pursuance thereof the Committee of Management forwarded the papers to the Director of Higher Education U.P. Allahabad for payment of salary to the petitioner on the post of Deputy Librarian. The Joint Director of Education passed the order dated 30 -3 -1995 impugned in writ petition No. 41560 of 1996 whereby it was directed that the Committee of Management may make payment salary on the post of Deputy Librarian from their own resources.;