MAHESH CHANDRA TRIPATHI, J. - (1.) HEARD Sri D.S.P. Singh, learned counsel for the petitioner and Sri Pankaj Rai, learned Additional Chief Standing Counsel for the respondents.
(2.) BY means of the present writ petition, the petitioner has prayed for following reliefs: - "(I) to issue a writ in the nature and direction of certiorari to quash the impugned order dated 01.12.2006 passed by opposite party No. 2. II. issue a writ, order or direction in the nature of mandamus commanding the respondents to pay salary to the petitioner from the date of initial appointment i.e. 04.09.1995 on month to month basis alongwith other teachers of the Institution. The arrears in that regard may also be directed to be paid within one month of the production of the order of the Hon'ble Court. (III) issue any other suitable writ, order or direction which this Hon'ble Court deem fit and proper in the circumstances of the case. (IV) Award cost of the petition in favour of the petitioner."
(3.) BRIEF facts giving rise to the present writ petition are that "Shri Kashiraj Mahavidyalaya Inter College Aurai District -Bhadohi" (hereinafter referred as institution) is a recognized and aided institution. The institution is governed under the provisions of Intermediate Education Act, 1921; U.P. High School and Intermediate Teachers and other Employees (Payment of Salaries) Act, 1971 and U.P. Service Commission Act, 1982. One Shri Kali Prasad Upadhyay was working as permanent Lecturer in the institution. He died on 20.7.1986. Thereafter the Committee of Management forwarded necessary requisition in respect of the said vacancy to the U.P. Secondary Education Service Commission. Since the Commission did not recommend the name of any suitable candidate, the Committee of Management decided to promote Sri Kallu Prasad Mishra, Assistant Teacher, L.T. Grade on the said vacancy caused due to death of Shri Kali Prasad Upadhyay. The same was approved by the District Inspector of Schools by letter dated 13.10.1995. As a result whereof, a short term vacancy of Assistant Teacher in L.T. Grade was caused in the institution. Having regard to the best interest of the students in the institution as well as extreme necessity of the teacher concerned the Committee of Management decided to fill up the said short term vacancy. Accordingly the said post was published in daily newspapers "Bharat Doot" and "Sanmarg" having wide circulation, published from Varanasi on 29.07.1995. The vacancy was also intimated to the Employment Exchange by the letter of the Manager dated 27.7.1995 and the said short vacancy was also duly notified on the notice board of the institution. The petitioner possessed all the requisite minimum academic qualification and applied in response to the said short term vacancy published in the newspapers on 29.07.1995. After allotment of quality point marks and necessary selection, the petitioner was found most eligible and in this regard, a resolution dated 21.08.1995 was passed appointing him on the said post. The matter relating to the appointment of petitioner was forwarded vide letter dated 22.8.1995 to the District Inspector of Schools for approval. The District Inspector of Schools did not communicate any decision within the prescribed time and it was presumed that the appointment of the petitioner was approved. Thereafter, the Committee of Management issued an appointment letter in favour of the petitioner on 02.9.1995. The petitioner joined his duties as L.T. Grade in the institution on 04.9.1995 and since then, he has been continuously working on the said post. Thereafter, the petitioner had made several representations for payment of salary but no action was taken by the District Inspector of Schools. In this regard, the Manager of the institution also forwarded reminder of the petitioner dated 31.10.1995 for payment of salary to the District Inspector of Schools. Aggrieved by the non -payment of salary the petitioner had filed an Original Suit No. 253 of 1996 in the Court of Civil Judge (Junior Division), Gyanpur alongwith an application for temporary injunction, which was rejected by the trial court vide order dated 29.3.1997, against which the petitioner filed First Appeal From Order No. 32 of 1997 and the same was also dismissed on 18 -12 -1997. After withdrawal of the aforesaid suit, the petitioner filed Writ Petition No. 5023 of 1998, which was connected and decided with another Writ Petition No. 5028 of 1998 vide judgment and order dated 09.05.2006 directing the District Inspector of Schools to decide the representation of the petitioner to be filed with the certified copy of the judgment and order dated 9.5.2006. By the impugned order dated 01.12.2006 the District Inspector of Schools rejected the application of the petitioner for payment of salary on the ground that the Principal had given some complaint to him against the petitioner alleging that he was never appointed and back dated signatures were obtained on the attendance register and he was not liable to get the salary.;