Dilip Gupta, J. - (1.) This Writ Petition has been filed for quashing the order dated 26th December, 1998 passed by the District Inspector of Schools, Etawah by which the representation filed by the petitioner has been rejected as well as the orders dated 26th December, 1998 and 13th January, 2001 passed by the District Inspector of Schools, Etawah passed in connection with the appointment of Sri Jitendra Kumar who has been arrayed as respondent no.4 in the Writ Petition. A further direction has been sought that the respondents may not interfere with the functioning of the petitioner as an Assistant Clerk in the K.K. Inter College, Etawah (hereinafter referred to as the 'College') and to disburse the arrears of salary w.e.f. 1st October, 1994 and for payment of current salary also.
(2.) The College is governed by the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act'). Sri Ghanshyam Das who was a permanent Head Clerk in the College proceeded on long leave as a result of which promotion was granted on ad hoc basis to Sri Ram Singh Verma who was working as the senior most Assistant Clerk in the College. This brought into existence a short term vacancy on the post of Assistant Clerk in the College. The Manager of the College by means of the appointment letter dated 24th September, 1993 appointed the petitioner on this short term vacancy on the post of Assistant Clerk on a temporary basis. The District Inspector of Schools, Etawah granted financial approval to the aforesaid temporary appointment of the petitioner for a fixed period from 27th September, 1993 to 26th December, 1993. The leave to Sri Ghanshyam Das was extended as a result of which the District Inspector of Schools granted financial approval to the payment of salary to the petitioner for fixed periods from 27th December, 1993 to 26th March, 1994, from 27th March, 1994 to 30th June, 1994 and lastly from 1st July, 1994 to 26th September, 1994 by means of the communications dated 16th April, 1994, 27th September, 1994 and 21st January, 1994 respectively.
(3.) Sri Ghanshyam Das retired from the post of Head Clerk of the College on 30th September, 1994 as a result of which a substantive vacancy on the post of Head Clerk came into existence. Sri Ram Singh Verma then continued as the Head Clerk in the College and, therefore, a vacancy to the post of Assistant Clerk came into existence. It is the case set out by the petitioner that he continued to work on the said post of Assistant Clerk. In the meantime one Sri Suresh Singh who was working as a Class IV employee in the College filed Original Suit No. 573 of 1994 and as a consequence of the compromise decree dated 28th December, 1997 passed in the said Suit Suresh Singh was granted promotion to the post of Assistant Clerk. One Sri Kalyan Singh who was also a Class IV employee in the College was granted promotion against another vacant post of Assistant Clerk in the College. The District Inspector of Schools, however, did not grant financial approval to the payment of salary to the petitioner after 26th September, 1994 as a result of which the petitioner filed a Writ Petition in this Court being Writ Petition No. 15908 of 1998 which was disposed of by the Court by means of the judgment and order dated 19th August, 1998 with a direction that the representation filed by the petitioner may be decided by the District Inspector of Schools within two months in accordance with law. Pursuant to the aforesaid direction issued by this Court, the District Inspector of Schools, Etawah considered the representation filed by the petitioner but by the order dated 26th December, 1998 rejected the representation. The District Inspector of Schools also considered the representation filed by Sri Jitendra Kumar who also claimed appointment to the post of Assistant Clerk in the College by direct recruitment and by the order dated 26th December, 1998 the District Inspector of Schools granted financial approval to the payment of salary to Sri Jitendra Kumar from the date he joined the post on 19th January, 1998.;