VINEET SARAN, J. - (1.) THIS writ petition has been filed with a prayer for quashing the order dated 19.2.1991 passed by the Director of Education and also for a direction to pay to the petitioner, arrears of salary of Lecturer of Sociology since 1973 uptodate.
(2.) THE facts in brief relevant for adjudication of this case are that the petitioner was appointed as L.T. Grade Teacher in Shaheed Ram Chandra Inter College, Basantpur Dhusi, Tarkulwa, District Deoria on 8.7.1967. It is stated that in 1968 the subject of Sociology was for the first time recognized as a subject for Intermediate in the College and from 1968 to 1974, one Sri S.K. Misra was teaching Sociology on ad hoc arrangement. The petitioner claims that in June, 1973, when he passed his M.A. in Sociology, the Committee of Management vide its resolution dated 15th June, 1973, resolved to fill up the post of Lecturer in Sociology by promotion under the 40% quota. A dispute between the rival contenders for the control over the Committee of Management was already pending before the Munsif, Deoria in Suit No. 1184 of 1969 which was ultimately dismissed on 4.12.1974. In between however, interim arrangements had been made for making appointment on various posts of the College. The petitioner claims that after the passing of the resolution dated 15.6.1973 by the Committee of Management, he was promoted on 23.6.1973 as Lecturer in Sociology on which post he started working since July, 1973. The papers relating to the approval of his promotion were allegedly sent by the College to the District Inspector of Schools, Deoria on 24.6.1973, and received on 25.6.1973. It is the claim of the petitioner, that on the expiry of the period of two weeks from the receipt of the said papers, as per Section 16 -F (2) of the Intermediate Education Act, 1921, approval would be deemed to have been granted by the District Inspector of Schools with effect from 22.7.1973 as the District Inspector of Schools did neither approve nor disapprove, the promotion of the petitioner. The petitioner was thereafter placed under suspension on 31.8.1973 and remained as such till 6.8.1975. Admittedly, the petitioner was reinstated back in service after his suspension on the post of L.T. Grade Teacher and not as a Lecturer in Sociology. In the meantime the post of Lecturer was advertised on 12.8.1974 on which post, after due selection, respondent No. 5, R.N. Tiwari was given appointment. Undisputedly, respondent No. 5 was given appointment after approval had been granted by the Competent Authority on 12.3.1975 and he has been paid salary as Lecturer since then. After the passing of the order dated 6.8.1975, revoking the suspension of the petitioner (as it had not been approved under the provisions of the Act), the petitioner was ultimately reinstated as L.T. Grade Teacher only in August, 1977 and not as a Lecturer. The petitioner thereafter filed representations before the Education Authorities with regard to his grievance that he maybe treated as Lecturer, but no positive orders had been passed in his favour. Ultimately, the petitioner filed Writ Petition No. 12998 of 1981 with the prayer that he may be treated as Lecturer and be paid salary accordingly. The said writ petition was dismissed on 19.8.1982 with the following order: - "The petitioner wants to withdraw his petition allowed and the petition is dismissed as not pressed." Thereafter, by the impugned order dated 19.2.1991, the claim of the petitioner for promotion as Lecturer of Sociology was rejected as also his objection regarding the appointment of respondent No. 5, as Lecturer of Sociology.
(3.) I have heard Sri K.N. Mishra, learned Counsel appearing for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Arun Kumar Mishra, learned Counsel holding brief of Sri R.S. Mishra appearing for contesting respondent No. 5 and also perused the record including the impugned order.;