- (1.) PRAKASH Krishna, J. This is third round litigation in this Court. The petitioner and the respondent No. 5 are fighting against one another for a single post of Assistant Teacher in L. T. grade in the institution known as Shri Krishna Geeta Rashtriya Inter College which is governed by the provisions of U. P. Intermediate Education Act, U. P. Act No. 5 of 1982 and U. P. Act No. 24 of 1971. On earlier two occasions the writ petitions were filed by Shri Chandra Bhan Singh, the respondent No. 5, mainly against the present petitioner namely Shri Raj Deo Yadav. This time, Shri Raj Deo Yadav, the petitioner has approached the Court by way of the above writ petition. FIRST ROUND OF LITIGATION:
(2.) THE respondent No. 5 Chandra Bhan Singh (hereinafter referred to as Singh) had filed writ petitions No. 14854 of 1992 and 11746 of 1993. In the writ petition No. 14854 of 1992 Shri Singh claimed for payment of salary in his favour on the ground that he is duly appointed Assistant Teacher in L. T. grade in the institution. In the subsequent writ petition No. 11746 of 1993, the present petitioner was impleaded as respondent No. 4 who had claimed that he has been duly appointed as Assistant Teacher, challenging his appointment. Shri Singh laid his claim on the allegations that he had been appointed on ad hoc basis on the post of Assistant Teacher in L. T. grade under the provisions contained in Section 18 of U. P. Secondary Education Service Commission and Selection Act, in pursuance of the resolution of Committee of Management dated 30-6-1991. Both the writ petitions were heard together and were disposed of by a common judgment dated February, 19, 1996. Copy of the said judgment has been filed as Annexure-1 to the present writ petition and is also reported in 1996 (27) ALR 663. It was found therein that in view of the judgment of Full Bench in the case of Radha Raizada & Ors. v. Committee of Management, 1994 (3) UPLBEC 1551. the appointment of Shri Singh is vitiated as the procedure adopted by the Committee of Management for filling up the vacancy was not in accordance with law. No liability to pay salary to Shri Singh accrued on the State. However, certain observations were made in para 11 of the said judgment whereby it was provided that before releasing salary to Raj Deo Yadav, the present petitioner who was respondent No. 4 in writ petition No. 11746 of 1993, the validity of the appointment of respondent No. 4 shall be examined first, before releasing the salary. Two special appeals were filed by Shri Singh against the aforesaid judgment of learned Single Judge. SECOND ROUND OF LITIGATION:
(3.) THE District Inspector of Schools in pursuance of the judgment dated 19th of February, 1996 delivered in the aforesaid two writ petitions considered the legality and validity of the appointment of the present petitioner in the College in question as also payment of salary to him. Surprisingly enough, the District Inspector of Schools by the order dated 16th of April, 1996 (Annexure-3 to the writ petition), without adjudicating the legality and validity of the appointment of the present petitioner, passed an order sanctioning the financial approval for appointment of salary to the petitioner on six conditions enumerated therein. This led to the second round of litigation at the instance of Shri Singh, who filed writ petition No. 18699 of 1996 in this Court against the aforesaid conditional order of the District Inspector of Schools. THE writ petition was dismissed summarily on the ground that the impugned order was passed in pursuance of the judgment and order of this Court dated 19th of February, 1996 against which Special Appeals were already preferred. This order was also subject-matter of special appeal before Division Bench being Special Appeal No. 573 of 1996. All the three special appeals, two against the judgment dated 19th of February, 1996 and the third against the judgment dated 2nd of July, 1996 were clubbed and heard together and were disposed of by a common judgment dated 17th of July, 1996. The Special Appeal Court disposed of all the three appeals with certain observations to the effect that the District Inspector of Schools reconsider the question of accord of approval to respondent No. 3 therein (the petitioner in the present case) giving opportunity of hearing to the parties namely Shri Singh and the present petitioner and disposed of the matter by passing a reasoned order. A copy of the said order has been filed as Annexure-4 to the writ petition. THIRD ROUND OF LITIGATION:;