Sudhir Narain, J. - (1.) The petitioner seeks a writ of mandamus commanding the respondents to pay the salary for the post on which the petitioner was appointed.
(2.) I have heard the learned counsel for the petitioner. The learned counsel for the petitioner urged that a short term vacancy for the post of Assistant Teacher/Physical Instructor (L.T. grade) in Shri Chandra Bhan Gupta Uchchatar Madhyarnio Vidyalaya, Mahrauni (Lalitpur) occurred. It is alleged that one Shri Prem Narain Sbarma who was working as Assistant Teacher/Physical Instructor, retired w.e.f. 30-4-1993 on account of which the post fell vacant. The post was notified to the Commission by the Committee of Management, respondent No. 2 on 3-7-1993. The selection took place on 21-12-1993 in which the petitioner was selected. The Committee of Management forwarded the papers for approval to the District Inspector of Schools. The petitioner was given appointment letter on 13-1-1994 as a Physical Instructor of the institution.
(3.) The learned counsel for the petitioner urged that since 15-1-1994 the petitioner is working in the institution but he is not being paid salary.;