PANKAJ MITHAL, J. - (1.) HEARD learned Counsel for the petitioner, Sri Mahendra Pratap, Counsel for respondent No. 1, Sri Vipul Kumar, Counsel for respondent No. 3 and the learned Standing Counsel.
(2.) THE petitioner was appointed as a Clerk in N.P. Junior High School, Parkana, District Bulandshahar on 1.7.1976. It is stated that he had voluntarily tendered his resignation on 20.5.1978 which was accepted by the Committee of Management vide resolution dated 30.6.1978. The petitioner contends that he had never resigned voluntarily and he was forced to tender his resignation. In respect whereof he has even made a complaint on 17.7.1978 to the District Basic Shiksha Adhikari, and finally the District Basic Shiksha Adhikari vide order dated 16.5.1980 (Annexure 2 to the writ petition) held that the resignation of the petitioner was never duly accepted by the Committee of Management and the resolution of the Committee of Management dated 30.6.1978 in this regard is invalid. Thus, there is no resignation of the petitioner and the petitioner is entitled to continue in service and be paid salary regularly. The payment of salary to the petitioner was withheld from June, 1993 on the orders of the District Basic Shiksha Adhikari. Therefore, the petitioner had filed Writ Petition No. 4165 of 1998, directing the Committee of Management and the District Basic Shiksha Adhikari to pay his salary regularly, which had been stopped from the month of June, 1993. The said writ petition was disposed of by the High Court vide judgment and order dated 16.11.1998 with the direction to the District Basic Shiksha Adhikari to decide the claim of the petitioner.
(3.) IN pursuance of the above direction of this High Court, the District Basic Shiksha Adhikari, by the impugned order dated 22.4.1999, has rejected the petitioner's representation stating that the petitioner had voluntarily resigned on 20.5.1978. The salary of the petitioner was stopped under the orders of the District Basic Shiksha Adhikari w.e.f., June, 1993 and since the said order was not challenged by the petitioner till 1998, when the previous writ petition was filed, the said order has attained finality and as such the petitioner cannot claim salary at this stage. Thirdly, it has been stated that the post of Clerk on which petitioner was working and was subsequently filled up by the appointment of one Sri Virendra Pal Gupta and therefore, the petitioner cannot be permitted to work and paid salary. Lastly the petitioner has not worked at the Institution since the date of his resignation i.e., 20.5.1978 and therefore, also no salary is due and payable to the petitioner.;