VINEET SARAN, J. - (1.) THIS writ petition has been filed challenging the order dated 2.7.1991 passed by the Deputy Director of Education, Varanasi -respondent No. 1. Subsequently a prayer has been added for quashing the order dated 31.3.2000 passed by the Director of Education.
(2.) THE petitioner claims to have been appointed as C.T. Grade Teacher in the institution of respondent No. 3. His ad hoc appointment as C.T. Grade Teacher was initially approved by the District Inspector of Schools on 17.11.1984. The approval was thereafter extended upto 30.6.1986 vide order of the District Inspector of Schools dated 10.10.1985. Thereafter, when the appointment of the petitioner was not further extended by the Committee of Management, the petitioner filed Writ Petition No. 15176 of 1987, Ratnakar Chaubey v. District Inspector of Schools, in which initially an interim order was passed on 23.11.1987, but was subsequently vacated on 18.3.1988. In the said writ petition respondent No. 4. Rajendra Kumar Verma had been impleaded and had also filed counter -affidavit. On 5.12.1987 the District Inspector of Schools passed an order that the temporary appointment of the petitioner was approved till the regular appointment was made by the Commission or the approval was granted on the temporary appointment of Rajendra Kumar Verma, respondent No. 4. However, vide order dated 28.4.1988 of the District Inspector of Schools, the petitioner was allowed to continue on the post of C.T. Grade Teacher. Being aggrieved by the order of the District Inspector of Schools, respondent No. 4, Rajendra Kumar Verma filed Writ Petition No. 5873 of 1988, praying for a direction for payment of salary as C.T. Grade Teacher and to permit him to continue on such post and also for quashing the order of the District Inspector of Schools dated 5.12.1987. In the said writ petition Ratnakar Chaubey, the petitioner herein, was impleaded as respondent No. 3. Admittedly no interim order has been passed in the said writ petition and counter and rejoinder -affidavits had been exchanged. Thereafter, the said Rajendra Kumar Verma filed another Writ Petition No. Nil of 1990, Rajendra Kumar Verma v. District Inspector of Schools, Varanasi and others, praying that his representation dated 19.2.1990 pending before the Deputy Director of Education may be disposed of by the said authority. Accordingly, this Court disposed of the said writ petition on 10.8.1990 with a direction to the Deputy Director of Education, Varanasi to dispose of the said representation of the petitioner within three months. In the said writ petition filed by respondent No. 4 Rajendra Kumar Verma, the petitioner herein Ratnakar Chaubey had not been impleaded as respondent nor had it been disclosed that earlier Writ Petition No. 5873 of 1988 was already pending with the same prayer as had been made in the representation before the Deputy Director of Education. In compliance of the Court's order dated 10.8.1990 the Deputy Director of Education had passed the impugned order dated 2.7.1991 holding that the petitioner, Ratakar Chaubey had been reverted back to his original post of Clerk on 1.7.1986; that the petitioner had further been suspended on 1.7.1988; and that he had not worked as Assistant Teacher in the College since July 1986 and thereafter, it was directed by the Deputy Director of Education, that respondent No. 4 Rajendra Kumar Verma shall be entitled for payment of salary with effect from the date of his joining i.e., 11.7.1986.
(3.) I have heard Sri G.K. Singh, learned Counsel for the petitioner as well as Sri D.S.M. Tnpathi, learned Counsel for respondent No. 4 and the learned Standing Counsel appearing for the State -respondents and have also perused the record including the impugned orders.;