- (1.) SUDHIR Narain, J. Petitioners seek writ of mandamus commanding respondents to pay to the petitioners the entire arrears of their salaries and also to pay salary in future for the posts on which they were appointed in Madan Mohan Malviya Inter College, Bhatpar Rant, Deoria (hereinafter referred to as the institution ).
(2.) THE institution is recognised under the provisions of U. P. Inter mediate Education Act, 1921. Salaries to the teachers and other employees of the institution are paid under U. P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971. The version of the petitioner is that there were 7 lecturers in the institution and their posts fell vacant. Sarvashri Kapildev Mishra, Rajendra Mishra, Narendra, Nath Mishra, Gorakh Nath Singh, C. D. Singh, Mukh Nath Pandey and S. N. Mishra had been lecturers in Civics, Physics, English, Economics, Commerce, Sanskrit and Hindi in the College. Shri Kapildev Mishra retired on 1-7-1989, Shri Rajendra Prasad Mishra died on 22-2-1988, Shri Narendra Nath Mishra left the college on 1-9-1988, Sarvashri Gorakh Nath Singh, C. D. Singh and Mukti Nath Pandey retired from their posts on 1-7-1991 and Shri S. N. Mishra was re-adjusted as Lecturer in Geography. The vacancies on the posts held by the above named persons thus occurred in the institution. The Committee of Management of the institution is alleged to have notified all the seven vacancies to the U. P. Secondary Education Services Commission through the District Inspector of Schools, Deoria in the prescribed pro forma under Section 10 of the U. P. Secondary Education Service Com mission and Selection Boards Act, 1982 (Act Mo. 5 of 1982) on 25-4-1991. The Commission failed to recommend the name of any candidate for the seven posts of Lecturer in the institution within the period specified under U. P. Act No. 5 of 1982.
(3.) THE Committee of Management resolved to fill the vacancies by direct recruitment. THE posts were advertised in the newspaper on 23rd June, 1991. It was also notified by the Committee of Management on its notice board under the signature of the Manager. THE Selection Committee selected the names of the petitioners Nos. 1 to 6 on 23rd July, 1991. THE Committee of Management in its meeting resolved to appoint these petitioners to the posts of Lecturers in Civics, Physics, English, Economics, Commerce and Sanskrit respectively on 23rd July, 1991 and they are alleged to have joined the institu tion as Lecturers. As regards petitioner No. 7 it is alleged that the selection for his candidature took place on 6-10-1991 by the Selection Committee and the Committee of Management resolved to appoint him to the post of Lecturer in Hindi. He was issued appointment letter on 10-10-1991 and he joined the institution on 15- 10-1991 as Lecturer in Hindi.;