R.B.Mehrotra - (1.) JANTA Inter College, Jeopur, District Ghazipur is an institution recognised, under the provisions of U. P. Intermediate Education Act 1921. The said College is being referred to as 'the institution' hereinafter. The institution is in grant-in-aid of the State Government and the teachers and employees are getting their salary under the provisions of U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act 1971. (U. P. Act No. 24 of 1971).
(2.) THE Committee of Management of the institution has been dissolved and the institution is being run and controlled by an authorised controller. THE principal, Government City Inter College, Ghazipur has been appointed as an authorised controller. THE post of Sanskrit Lecturer fell vacant in the institution and the senior most L T. Grade Teacher Sri Shasnikant Tripathi was promoted on adhoc basis as Lecturer in Sanskrit in the institution. THE adhoc promotion was approved by the District Inspector of Schools, Ghazipur (hereinafter referred to as the D.I.O.S.) with the conditions that till a regularly selected candidate, by the Higher Secondary Education Service Commission, Joins the post of Sanskrit Lecturer in the institution, Sri Shashikant Tripathi will continue, thereafter, he will be reverted back to the post of L.T, Grade Teacher. A short term vacancy arose in the institution on the post of Assistant Teacher L.T. Grade due to adhoc promotion of Sri Shashikant Tripathi on the post of Sanskrit Lecturer. The authorised controller after due information of such vacancy to the D.I.OS. advertised the vacancy on the notice board of the institution on 5-5-1993. The advertisement put on the notice board specifically stated that the vacancy is a short term vacancy and is reserved for scheduled caste candidate. In case no scheduled caste candidate is available then the post can be filled by general candidate. It was also stated in the advertisement notice, that the general candidates can also apply for the post. In response to the aforesaid notice the petitioner's contention is that only three persons applied for the post namely; (1) Sri Krishna Nand Dwivedi, petitioner himself (2) Sri Veerendraj Singh and (3) Sri Guru Charan Singh Yadav. The petitioner had highest quality point, marks, amongst the three applicants. Accordingly the selection committee of the College selected the petitioner on the post of L.T. Grade Teacher in the College in the short term vacancy. The authorised controller appointed the petitioner in the aforesaid short term vacancy as L.T. Grade Teacher on adhoc basis. The appointment of the petitioner was subject to the conditions that the petitioner will continue on the post till Sri Shashikant Tripathi joins back his original post or till the vacancy is filled by the Higher Secondary Education Service Commission (hereinafter referred to as the Commission). The authorised controller vide his letter dated 1-6-1993 forwarded the decision of the Selection Committee to the D.I.O.S. for formal approval along with the applications and the quality point marks of all the applicants and the copy of the resolution of the Selection Committee and copy of the advertisement for filling up the post. Despite several reminders and representations the D.I O.S. neither granted financial approval to the petitioner's appointment nor the petitioner is being paid salary under the provisions of High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.
(3.) IN the aforesaid background the petitioner has filed the present writ petition seeking a writ of mandamus directing the opposite parties to make payment of the salary to the petitioner since the date of his appointment i.e. 9-7-1993 and for the future direction that the petitioner should be paid salary on month to month basis till Sri Shashikant Tripathi returns to his original post or till the duly selected candidate of the Commission joins the post. I have beard learned counsel for the petitioner and learned Standing Counsel.;