R.B.Mehrotra, J. - (1.) SRI Nehru Smarak (Uchchtar Madhyamik Vidyalaya Jaithra, District, Etah (hereinafter referred to as 'the Institution) is a recognised, institution under U. P. Intermediate Education Act, 1921, The institution receives grant-in-aid from the Government and is within the purview of U. P. High School and Intermediate Colleges (payment of salaries to teachers and other employees) Act, 1971 (hereinafter referred to as U. P. Act No. 24 of 1971') One Brij Raj Singh, a Head Master of the institution retired on 30- 6-1990 and the post of Head Master fell vacant The Management of the Institution appointed SRI Raj Veer Singh, tie seniormost L. T. Grade teacher as adhoc Head Master of the institution. Dae SRI Ram Veer Singh of C. T. grade teacher was promoted on adhoc basis to the post of L T. grade teacher. The District Inspector of Schools initially gave his approval to the said appointment on 21-3-91, however, on 18-9-91. the District Inspector of Schools disapproved the promotion of aforesaid Ram Veer Singh on the post of L T. grade teacher on ad hoc basis Aggrieved by the said order, SRI Ram Veer Singh filed a writ petition in this Honourable Court, being writ petition No. 28223 of 1991, however, no interim order was passed in the said petition. Consequent thereto, SRI Ram Veer Singh was reverted back in the C. T. Grade.
(2.) INITIALLY when Ram Veer Singh's adhoc promotion to L.T. grade was approved by the District Inspector of Schools, the Committee of Management, vide its resolution dated 18-8-1991, appointed one Sri Raj Bahadur as a C.T. grade teacher by direct recruitment on adhoc basis till Sri Ram Veer Singh joins back to the post of C.T, grade teacher. As a consequence of Sri Ram Veen Singh's coming back to his post of C.T. grade teacher, the services of Sri Raj Bahadur Singh should have been terminated by the Management; in terms of his appointment. The management instead of terminating his services appointed him as L.T. grade teacher by direct recruitment, It is, however, relevant to state here that Sri Padam Singh Verma, the present petitioner in the writ petition, had been claiming that he is the senior most teacher in C.T. grade and is entitled to be promoted as a L.T. grade teacher under the provisions of U. P. Secondary Education Services Commission (Removal of Difficulties (Second!)) Order, 1981 and the petitioner had been moving applications to the District Inspector of Schools, seeking a direction that since the petitioner is the seniormost teacher in C T. grade, he should be promoted to L.T. grade. Three of such applications, which are dated 10-1-91, 7-3-91 and 1-7-91 have been filed as Annexures-3, 4 and 5 respectively to the writ petition. The District Inspector of Schools, vide his letter dated 31-7-91, asked the Manager of the institution to inform him in regard to the problems of the employees and the teachers of the institution detailed in the aforesaid letter by 3rd of August, 3991. One of the queries in the aforesaid letter was in respect of the petitioner, as to why the petitioner being the seniormost teacher, has not been recommended for promotion to the post of L.T. grade teacher, instead the junior teacher was promoted. In reply to the aforesaid letter, the Manager of the institution, vide letter dated 24-8-91, informed the District Inspector of Schools that by 3-9-91 all the disputes will be resolved. The letter of the District Inspector of Schools dated 3-7-91 and the letter of the Manager of the institution dated 24-8-91 have been filed as Annexures 6 and 7 to the; writ petition
(3.) IN the meantime, Sri Raj Bahadur Singh, the respondent no. 3 in the present writ petition, filed a civil suit in the court of Civil Judge, Etah, being Original Suit No. 118 of 1992, wherein the District INspector of Schools, Etah, Accounts Officer in the Office of District INspector of Schools, Etah, and the State of U. P. through Collector, Etah and the INstitution through its Manager were arrayed as defendants. IN the said suit, the following reliefs were claimed : (a) The suit of the plaintiff for mandatory injunction be decreed and the defendants be directed to pay salary to the plaintiff since 26-8-91 till this date with a direction to continue to pay salary for each month and the defendants to be restrained from interfering in the working of the plaintiff. (b) The costs of the suit and the fee of the counsel be decreed against the defendants. (c) Any other relief to which the plaintiff may be found entitled, may be decreed. In paragraph 6 of the plaint, it has been stated that the defendant no. 4, namely, the Manager of the Institution initially appointed the plaintiff in C.T. grade in the leave vacancy but on dis-approval of the promotion of C.T. grade teacher to L.T. grade, the plaintiff was appointed in L.T. grade in place of Sri Raj Veer Singh and the District Inspector of Schools was duly informed by the Manager of the Institution. In view of this fact, the plaintiff was entitled to get his salary along with D. A. from the defendants from 26-8-1991.;