- (1.) Gandhi Inter College, Chhata, District Mathura (hereinafter referred to as 'institution') is a recognized institution under the provisions of U.P. Intermediate Education Act and payment of salary to the teachers and other staff is governed by the provisions of Payment of Salary Act, 1971.
(2.) It appears from the record that one Sri Jagan Prasad Sharma retired from the institution, who was substantively appointed Lecturer and Principal of the institution. The vacancy caused in the lecturer grade was filled with adhoc promotion of Sri Ganesh Chand Varsanay from L.T. Grade and an adhoc promotion was offered to Sri Khem Raj Gaur, who was a confirmed Assistant Teacher in C.T. Grade. A short term vacancy in C.T. Grade came into existence, and consequently, a resolution was passed by the Committee of Management, appointing the petitioner as a C.T. Grade teacher and an order of appointment was also issued to the petitioner on 10.9.1988. An approval was also sought for appointment of the petitioner, which came to be granted by the District Inspector of Schools, Mathura, vide his order dated 30.6.1989 w.e.f. 12.9.1988 to 20.9.1989. Pursuant to the financial approval, petitioner was paid salary from month to month. However, the salary of the petitioner was not released in the next academic session 1990-91, though petitioner's appointment stood extended, which gave cause to the petitioner to file Writ Petition No.31988 of 1990. An interim mandamus was issued in the writ ptition to the respondents to pay salary or show cause in the said writ petition, whereafter salary was paid to petitioner, but was again stopped in August, 1991. Upon a representation made by the petitioner, the District Inspector of Schools passed an order on 24.4.1992, clarifying that the status of petitioner continues as before and that the Committee of Management was to ensure payment of salary to the petitioner. Petitioner's Writ Petition No.31988 of 1990 was disposed of vide following order on 28.4.1995:- "Having heard the learned counsel for the petitioner and having regard to the fact that the petitioner has already maked the District Inspector of Schools by means of an application dated 18.5.1993 and again by application dated 25.5.1993, I am of the view that the end of justice would be fully met if District Inspector of Schools is directed to look into the grievances of the petitioner and take appropriate decision in the matter in accordance with law as expounded by the Full bench of this Court in Km. Radha Raizada vs. Committee of Management, 1994 3 UPLBEC 1551 within a period of three months if possible. It may be observed that so far enforcement of the directions contained in the letter dated 24.4.1992 of the District Inspector of Schools addressed to the Manager is concerned sufficient it to say that the DIOS has ample powers under the Payment of Salary Act, 1971 to levy enforcement of his order but before the direction contained in the letter dated 24.4.1992 is enforced the DIOS shall examine the matter in accordance with law as stated supra. Petition shall stand disposed of subject to above directions. It is made clear that in case it is found that the petitioner was validly appointed in accordance with law, the District Inspector of Schools shall examine his claim for regularization also."
(3.) In pursuance of the directions issued by the writ court, claim of the petitioner has been examined and rejected by the District Inspector of Schools vide order dated 2.7.1997, which is impugned in the present writ petition.;