- (1.) SUDNIR Narain, J. Writ Petition No. 5647 of 1982 and Second Appeal No. 1259 of 1991 are being decided by this common judgment as parties' facts and main controversies involved in both the cases are same. Ashok Kumar Singh, petitioner in the writ petition is defendant-respondent in Second Appeal whereas Sheetal Dan Singh is respondent No. 3 in the writ petition and plaintiff appellant in Second Appeal. The necessary reference about them shall be made accordingly.
(2.) THE petitioner has challenged the order of the District Inspector of Schools, Ghazipur, dated 15-4- 1982 whereby he declined to pay salary to the petitioner of Lecturer's grade on the ground that the matter is pending for consideration. The facts in brief are that Sri Kirtu Rai Inter College, Athagaon, Post Saona, District Ghazipur (hereinafter to be referred as the institution) is a recognised institution, under the provisions of the U. P. Intermediate Educa tion Act. In the year 1976 two new posts of Lecturers in Economics and Sociology were created by the Director of Education. The petitioner and Shetal Dan Singh, respondent No. 3 both were teachers in L. T. grade in the said institution. The petitioner was teaching Biology while respondent No. 3 was teaching Economics. As the post of Lecturer in Economics was created, the appointment was to be made on the basis of promotion of the teachers who were already working in the institution. The petitioner was teaching Biology while respondent No. 3 was teaching Economics. The Committees of Manage ment considering that respondent No. 3 was teacher in Economics resolved to promote him to the post of Lecturer in Economics in preference to the peti tioner who was a teacher in Biology by its resolution, dated 22-2-1977. The Committee of Management was of the opinion that the work, conduct and teaching experience of respondent No. 3 in Economics was very good and he was suitable for promotion. Sri Ashok Kumar Singh was a teacher in Biology and had passed M. A, examination in Economics in the year 1975 but he had never taken any class in Economics. The copy of the resolution was sent to the District Inspector of Schools. The District Inspector of Schools on 11-3-1977 made certain queries from the Management. The Management submitted a reply on 1-4-1977. The District Inspector of Schools, however, rejected the proposal of the Management vide its order, dated 21-4- 1977.
(3.) THE Committee of Management filed appeal against the decision of the District Inspector of Schools, during the pendency of the appeal the peti tioner sent a letter, dated 4-8-1977 to the District Inspector of Schools, Ghazipur withdrawing his claim for promotion on the post of Lecturer in Economics as against respondent No. 3. THE Committee of Management on 21-8-1977 submitted an application before the Deputy Director of Education for withdrawal of the appeal on the ground that the petitioner had withdrawn his claim for promotion as against respondent No. 3. THE appeal was dismis sed by the Deputy Director of Education on 11-10-1977. On 13-3-1978 the District Inspector of Schools directed the Commit tee of Management to promote the petitioner as lecturer in Economics, but subsequently he withdrew his order by his letter, dated 18- 4-1978, a true copy of the letter has been annexed as Annexure C to the counter-affidavit filed on behalf of respondent No. 1. Subsequently, it appears on the basis of letter of the Deputy Director of Education, dated 20-1-1979, he again passed order on 24-2-Iy87 directing the Management to pay salary to the petitioner of lecturer's grade. The petitioner in spite of the aforesaid order was not being paid such salary. The petitioner again approached respondent No. 1. On 15-4-1982 respondent No. 1 declined to sanction his salary on lecturer's grade on the ground that the matter is under consideration. The petitioner has challenged the order in this writ petition.;