- (1.) By way of this petition, a Class IV employee is seeking writ of mandamus for a direction upon the respondents to pay his arrears of salary.
(2.) The essential facts of the case are that Gyan Baharti Balika Inter College, Birhna Raod, Kanpur is a recognized institution, wherein education is imparted upto the level of Intermediate. It receives aid out of State Fund. The provisions of the U.P.Intermediate Education Act, 1921, the Regulations framed thereunder, the Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 (U.P.Act No. 5 of 1982), and the U.P.High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are applicable to the institution. The institution is administered by the respondent no. 3/Committee of Management.
(3.) It is stated that on the basis of vacancy in Class IV in the aforesaid College. The Committee of management initiated recruitment proceedings and petitioner was appointed, he joined the said post on 2.7.2001. Thereafter papers were sent to the office of the District Inspector of Schools for his approval on 29.12.2001. The District Inspector of Schools disapproved the selection of the petitioner on the ground that the post ought to have been filled by the dependent of teachers/employees in terms of Regulations 101 and 107 of the U.P. Intermediate Education Act, 1921 (for short Act, 1921). Feeling aggrieved by the said order the petitioner preferred a writ petition No. 2928 of 2002 before this Court. This Court vide judgment and order dated 12.7.2006 quashed the order of the District Inspector of Schools dated 9.12.2001 and matter was remitted to the District Inspector of Schools to decide the matter afresh. A copy of the judgment of this Court is on the record as Annexure-1 to the writ petition.;