K.L. Sharma, J. - (1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India for issue of a writ of mandamus commanding the opposite parties to make the payment of his salary regularly with effect from 21-8-1990 on which date he joined the post of Orderly Peon appointed by the opposite party No. 2.
(2.) According to the averments in the writ petition, one Sri Ram Bharosey Kumhar, the father of the petitioner retired from service on 1-7-1990 as Orderly Peon of the opposite party No. 2, who intimated the vacancy to the District Inspector of Schools, Lucknow, the opposite party No. 2. on 7-8-1990 and issued notice for inviting the applications. The petitioner also applied for the post and appeared in the interview held on 20-8-1990. He was appointed on the said post and he joined his service on 21-8-1990 and started performing his duties. But the District Inspector of Schools did not accord approval to his appointment and directed the Principal to appoint one Sri Krishna Misra, a dependent of a deceased employee of another institution. The opposite party No. 2 did not agree to appoint Sri Krishna Misra as directed by the District Inspector of Schools. The petitioner has not been paid his salary with effect from 21-8-1990 on which date he joined the duty. The management of the College has been regularly submitting salary Bill of the petitioner also along with the salary Bills of other employees of the institution but the District Inspector of Schools has not passed the salary bill of the petitioner for payment which caused financial hardships to the petitioner. Hence, this writ petition has been filed.
(3.) A counter-affidavit has been filed by the opposite party No. 1. It has been stated that the appointment of the petitioner has been made illegally and irregularly without proper advertisement in news papers and selection and, therefore, the petitioner is not entitled to continue on the post and receive salary as Orderly Peon. It has been further stated that the Principal of the College was directed to appoint Sri Krishna Misra, a dependent of a deceased employee by letter dated 23-8-1990 but instead of appointing the dependent Sri Krishna Misra, the Principal has made an irregular and illegal appointment of the petitioner and, therefore, the approval for disbursement of salary has been withheld. It has also been stated that the opposite party No, 2 has contravened the Government Order relating to the appointment of dependent of the deceased employee and has not obtained approval of the opposite party No. 1 for the appointment of the petitioner.;