- (1.) Heard learned counsel for the parties. Since the controversy involved in all the three writ petitions are similar, they are being decided by this common order.
(2.) The facts of writ petition No. 62780 of 2013 are being taken as a leading case for deciding these writ petitions. By means of present writ petition, the petitioners have prayed for following reliefs :- a). "Issue a writ, order or direction in the nature of certiorari quashing the order dated 04.10.2013 (Annexure No. 25) passed by the Regularization Committee headed by Joint Director of Education. b). Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioners as substantive Assistant Teacher, L.T. Grade. c). Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay arrears of salary from July 1995 till date and pay the aforesaid regularly month to month".
(3.) The institution in question namely D.A.V. Inter College, Aryapur, Khera District Mainpuri (in short 'Institution') is a recognized institution under the provisions of U.P. Intermediate Education Act, 1921 and Payment of Salary Act, 1971. Four substantive vacancies came into existence, hence the Committee of Management of the Institution has decided to make appointment of the aforesaid posts and in this regard a resolution was passed on 07.07.1991 resolving that the posts in question are required to be filled up. After the resolution, the Committee of Management has sent a requisition to the District Inspector of School on 20th August, 1991 for forwarding the same to the U.P. Secondary Education Service Selection Board. The vacancies have been published in the newspaper 'Dainik Jantantra' on 03.10.1991 and the same was also pasted on the notice Board of the Institution. In pursuance of the aforesaid advertisement several candidates have applied and on the basis of quality point marks the petitioners were found suitable for appointment as 'Assistant Teacher' LT Grade. On 20.10.1991 the Manager of the Institution has issued appointment letters to the petitioners. After appointment of the petitioners the papers have been forwarded to the District Inspector of Schools (D.I.O.S) for grant of financial sanction. The D.I.O.S. has refused to approve the appointment on 13.04.1992 on the ground that the ban has been imposed by the State Government and as such the approval cannot be granted. In pursuance thereof the Committee of Management had passed an order on 05.05.1992 removing the petitioners from service. Against the aforesaid order the petitioners have filed a writ petition in which an interim order was passed on 22.05.1992 directing the respondents to pay all the arrears of salary to the petitioners for the period they have worked or to show cause by filing a counter affidavit. Pursuant thereto the District Inspector of Schools has passed an order on 07.07.1992 directing the Accounts Officer to act accordingly. On 15.07.1992 the Accounts Officer had directed the Manager of the Institution to send the salary bill of the petitioners. Pursuant to the order of the D.I.O.S. the petitioners have started getting their salary w.e.f. 01.11.1991 and continuously they have been paid the salary up to July 1995. Subsequently, thereafter the D.I.O.S. on 06.09.1995 has reviewed his own order. Against the aforesaid order the petitioners have filed writ petition No. 28887 of 1995 which was dismissed by the Court on 16.10.1995 with liberty to the petitioners to file an amendment application in the pending writ petition No. 18381 of 1992.;