- (1.) SNDHIR Narain, J. This petitioners seek a writ of mandamus command ing respondent No. 1 to make payment of salary to them from September 1992 and continue to pay the same in future. The notice was issued to the respondent No. 1 and on 21st April, 1994 on month's time was granted to learned standing counsel to file counter affidavit but no counter affidavit has been filed. A counter affidavit on behalf of Committee of Management, respondent No. 2 has been filed supporting the version of the petitioners.
(2.) I have heard learned counsel for the petitioners and the learned standing counsel for respondent No. 1. The facts in brief are that Junior High School Kasmapur, post-Baloopur, district Ballia (hereinafter referred to as the 'school') is Junior High School and is recognised under the provisions of U. P. Basic Education Act, 1972. It is aided by the State Government. The service of the teachers of the School are governed by the U. P. Recognised Basic School (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978. The provisions of U. P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 are also applicable to the teachers of the School. The version of the petitioners is that post of Assistant Teacher fell vacant in the school. Petitioner No. 1 applied for his appointment on the post of Assistant Teacher in Urdu. The Committee of Management in its meeting held on 15th September 1989 passed resolution appointing petitioner No. 1 as Assistant Teacher in Urdu in the School. On the basis of the said resolution the Manager issued appointment letter on 15th September, 1989 to the petitioner appointing him as Assistant Teacher in Urdu in the School with effect from 1-10-1989 on temporary basis. The petitioner No. 1 joined the school after receiving the appointment letter. Necessary papers for grant of approval of appointment to the petitioner No. 1 was sent to the Basic Shiksha Adhikari, Ballia, respondent No. 1. He accorded his approval to the temporary appointment of the petitioner on 5th February, 1990 for the period 1-10- 1989 to 31st March, 1990. Respondent No. 1 vide his letter dated 5-2-1990, while grant ing the approval to the appointment of the petitioners for the period 1-10-1989 to 31-3-1990, directed the Management to take appropriate proceedings.
(3.) IT appears that another post of Assistant Teacher fell vacant in the school. The Management of the School passed resolution in its meeting dated 15-12-1990 to appoint petitioner No. 2 as Assistant Teacher in the School on temporary basis with effect from 1-1-1991 to 30-6-1991. Respondent No. 1 by his letter dated 18-3-1991 accorded approval to the appointment of petitioner No. 2 as Assistant Teacher in the School. The Management further requested respondent No. 1 to extend the period of approval. Respondent No. 1 by his letter dated 5th August, 1991 informed the Manager of the School that the approval is accorded on the condition that the Management shall take steps for making regular appointment in accordance with the provisions of U. P. Recognised Basic Schools (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the 'rules' ). The Management of the School did not take any steps to fill up the vacancy after making regular selection in accordance with Rules 1978. It appears that it permitted the petitioners to continue on the post on which they were appointed. Respondent No. 1, however, did not sanction the salary of the petitioners. The petitioners have filed this writ petition for a writ of mandamus commanding the respondents to pay the salary.;