- (1.) This Special Appeal has been filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 to assail the judgment dated 12 March 2008 of a learned Judge of this Court by which Writ Petition No.11698 of 1990 that had been filed by the appellants for a direction upon the District Inspector of Schools to make payment of salary due to them since November 1988 as they had been validly appointed as ad hoc teachers in the C.T. Grade in the National Inter College, Barhalganj, District Gorakhpur(the College) was dismissed. The appellants have also sought the quashing of the order dated 5 December 2008 by which the review application filed by them was rejected by the learned Judge on the ground that it had been filed by a counsel who had not argued the matter.
(2.) The facts as they emerge from a perusal of the records would indicate that the writ petitioners claimed that two short-term vacancies had arisen in the C.T. Grade in the College on 13 November 1988 and the Committee of Management of the College on the same date resolved to grant ad hoc appointments to the two writ petitioners in the C.T. Grade under the provisions of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981(the Second Order). The papers were forwarded to the District Inspector of Schools for granting financial approval to the aforesaid two ad hoc appointments but as no orders were passed, a writ petition bearing No.11698 of 1990 was filed in which an interim order was granted in 1995 and it is stated that on the basis of the interim order passed by the Court, the two writ petitioners continued to work and received their salary till the dismissal of the writ petition in March 2008.
(3.) The learned Judge dismissed the writ petition for the reason that the procedure contemplated in paragraph 2 of the Second Order had not been followed and that the order dated 18 January 1989 passed by the District Inspector of Schools refusing to grant financial approval to the payment of salary to the two writ petitioners had not been assailed in the writ petition.;