N.K. Mehrotra, J. - (1.) This is a petition for issuing a writ in the nature of mandamus restraining the opposite parties from interfering in any manner in the functioning of the petitioner as P.T. Teacher and also commanding the opposite parties to make payment of salary of the post of P.T. Teacher to the petitioner.
(2.) It appears from the facts of the case that a post of P.T. Teacher fell vacant in Krishna Chandra Ram Chandra Inter College, Shukla Bazar, Sultanpur (hereinafter referred to as "College" due to retirement of Sushil Kumar Tiwari with effect from 30.6.2002. The Principal of the College submitted a requisition to the District Inspector of Schools, Sultanpur on 27.9.2002. The advertisement was issued on 18.3.2003 and the interview was held on 20.4.2003 and the petitioner was given appointment on 21.4.2003. The petitioner joined on the said post on 24.4.2003. The Management informed the District Inspector of Schools, Sultanpur about the selection. The District Inspector of Schools, Sultanpur did not take any decision to this effect. The petitioner continued to work as P.T. Teacher but he was not paid salary on the post of P.T. Teacher. Therefore, the writ petition was filed. At the time of admission of the writ petition, this Court passed the interim order for making the payment of salary to the petitioner with effect from May, 2004 while petitioner is claiming the salary from 24.4.2003. Since it was a short term appointment, the services of the petitioner have already been dispensed with on the joining of a regularly selected teacher.
(3.) The District Inspector of Schools, Sultanpur has started making payment of salary with effect from May, 2004 and the petitioner has been paid salary from May, 2004 till the date he worked in the College. At the time of final hearing. The learned counsel for the petitioner submitted that in this writ petitioner the only question which is to be decided here is about the payment of salary from 24.4.2003 to April, 2004.;