Rakesh Tiwari, J. - (1.) -Heard the counsel for the parties and perused the record.
(2.) THE present writ petition has been filed by Suresh Kumar Sharma and Anil Kumar challenging the validity and correctness of the order dated 17.6.1996, Annexure-13 to the writ petition. THE aforesaid impugned order has been passed by the D.I.O.S., Muzaffarnagar, by which it has been held that the appointment of the petitioners was illegal and in contravention of G.O. dated 21st June, 1993 and direction issued by means of a letter dated 18.6.1993 from the office of the District Inspector of Schools, Muzaffarnagar. By order dated 18.5.1993, the college was informed that no appointments are to be made, but inspite of ban, the Manager of Janta Inter College, Sainpur Parasuli, district Muzaffarnagar had made illegal appointments of the petitioners in contravention of the G.O. dated 21st June, 1993 and clear instructions in this regard. Brief facts of the case are that Janta Inter College, Sainpur Parasuli, district Muzaffarnagar, is a recognised and aided Intermediate College. The provisions of Act No. 24 of the U. P. Intermediate Education Act, 1971, are applicable to it. A vacancy was published in the newspaper for L.T. grade teachers in the institution on 17.6.1993. It is alleged that the petitioners submitted applications along with relevant documents to respondent No. 2 for their appointment. The concerned authorities considered applications and appointed the petitioners as L.T. grade teachers vide appointment letters dated 28.6.1993. The petitioners would be entitled to payment of salary only after the approval is granted by the competent authority. Both the appointment letters are in the same language. The appointment letter of Suresh Kumar Sharma is quoted below : ...[VERNACULAR TEXT OMMITED]...
(3.) A perusal of the appointment letter shows that the petitioners had joined the services in the institution after accepting the conditions therein and had given their consent to it. The petitioners joined the college on 2.7.1993. After being appointed by the Committee of Management, the papers of the petitioners were sent for approval to the D.I.O.S., but no order granting approval was passed within a period of 60 days. The petitioners thereafter filed Writ Petition No. 32594 of 1993 along with two other persons, namely, Vinay Kumar Sharma and Ghanshyam Sharma. An ad interim order dated 10.9.1993 was passed restraining the respondents from making any appointment in pursuance of the order dated 14.7.1992. It was, however, provided that this order shall cease to have effect in case the validity of the amendment of Section 18 of the U. P. Secondary Education Services Commission Act by the Ordinance is upheld by this Court vide order dated 14.8.1995. The writ petition was thereafter dismissed as withdrawn on an application submitted by the petitioners.;