JUDGEMENT
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(1.) HEARD learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) THE present writ petition is filed by the petitioner with following prayer: -
"(i) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay salary to the petitioner of Class -IV post i.e. Library Peon in Shri Ganesh Vidyalaya Inter College, Aihar, Raebareli, regularly.
(ii) to issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay arrears of salary to the petitioner including all other services benefits."
(3.) THIS Court vide order dated 01.10.1999 had passed the following inter order : -
"Notices on behalf of opposite parties 1 to 2 have been accepted by learned standing counsel. Issue notice to opposite parties 3 to 4 returnable within 3 weeks.
In the meantime the opposite parties are directed to pay the salary of the petitioner in case his appointment is against the vacancy reserved for SC/ST and the appointment has been made in accordance with law."
Learned counsel for the petitioner states that the Principal of college had advertised the post of Library Peon through an advertisement dated 27.11.1998 and the petitioner had applied on the said post and he belonged to the Schedule Castes category and has requisite qualification and he was fully eligible for the post of Library Peon, the same has been averred in para no. 6 of the writ petition. On the basis of Selection Committee's recommendation, the paper has been forwarded to the District Inspectors of Schools through the Principal of the Institution and when the same has not been accorded, the petitioner has filed the present writ petition.;
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