M.C. Tripathi, J. - (1.) HEARD Shri J.P. Singh, learned counsel for the petitioner; learned Standing Counsel for the State respondents and Shri Sanjeev Singh for Shri Ram Shanker Shukla -respondent No. 7 in Writ A No. 27330 of 2011.
(2.) IN Writ A No. 56077 of 2008 the petitioner has prayed for direction in the nature of mandamus commanding the respondents to pay the arrears of salary to him alongwith interest @ 12% p.a. till actual payment and further continue to pay the salary as and when it falls due. In Writ A No. 27330 of 2011 the petitioner has prayed for quashing the impugned order dated 13.4.2011 passed by the Authorized Controller and has further prayed for direction to the opposite parties to treat the impugned order dated 13.4.2011 as non -est and not to give effect to the same and not to treat Ram Shanker Shukla as Headmaster of the institution and further not to interfere in his functioning as Headmaster of the institution.
(3.) BRIEF facts giving rise to the writ petitions are that Maharshi Mukti Vidya Mandir Junior High School, Lal Gopalganj, Allahabad (in short, the institution) is a recognized and aided Junior High School. The provisions of Basic Education Act and Payment of Salary Act are applicable to the institution. The institution is run and managed by the duly elected Committee of Management. On 25.1.1992, an advertisement was published in Hindi newspaper "Dainik Jagran" for selection on the post of Headmaster of the institution. In pursuance of the advertisement, Shri Ram Shanker Shukla -respondent No. 7 applied for and was selected as Head Master. The District Basic Education Officer, Allahabad granted approval to the selection of respondent No. 7 on 18.5.1992. On 3.12.1992 the Assistant Registrar discarded the election of Shri Shambhu Kumar Tripathi, who had issued the advertisement dated 25.1.1992. On the objection raised by one Shri Uma Shanker Tripathi, Assistant Teacher, the District Basic Education Officer, vide his order dated 23.12.1992, stayed his own order dated 18.5.1992. Thereafter, Shri Uma Shanker Tripathi filed Writ Petition No. 26608 of 1992 for quashing the order dated 18.5.1992 and for his appointment as Headmaster of the institution. One Shri Ram Shanker Shukla -respondent No. 7 filed Writ Petition No. 8520 of 1993 for payment of salary. The Writ Petition No. 45148 of 1993 filed by Shri Shamsher Kumar Tripathi was dismissed on 10.2.1993. Both the Writ Petition Nos. 26608 of 1992 and 8520 of 1993 were disposed of by a common order dated 29.3.1995 with following observations: - "The questions raised by Uma Shankar Tripathi in his petition can effectively be decided at a forum competent to go into the question of fact. The legal position is well settled that an order passed by the Zila Basic Shiksha Adhikari according approval to the appointment of Rama Shanker Shukla can be recalled, only if it is found to have been obtained by fraud, misrepresentation or on the ground that it was based on misconception of fact or law. Even order according approval dated 18.5.1992 says so. In the facts and circumstances of the case, therefore, I am of the considered view that if, according to Uma Shankar Tripathi, the order dated 18.5.1992 was obtained by fraud or misrepresentation etc. or that the selection proceeding was collusive and the procedure laid down in Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 were not followed then in that event he may prefer a representation before Zila Basic Shiksha Adhikari, who, I have no manner of doubt, shall examine the representation and take appropriate decision thereon in accordance with law after notice to the concerned parties. Since the payment of salary to Rama Shankar Shukla has been stayed by the Basic Shiksha Adhikari vide order dated 28.12.1992, it would be proper, if the Basic Shiksha Adhikari is directed to take a decision in the matter within a period of two months from the date of receipt of certified copy of this order. It may be observed that if the order dated 18.5.1992 is maintained, Sri Rama Shanker Shukla shall in that event be entitled to his salary. Accordingly, both the writ petitions are disposed of in terms of the above direction.";