Shishir Kumar, J. - (1.) Sri Vinai Singh, Advocate, who appears for the petitioner is permitted to delete the Committee of Management, respondent No.2.
(2.) By means of the present writ petition the petitioner has approached this Court for issuing a writ of certiorari quashing the impugned order dated 13.5.2002 (Annexure 18 to the writ petition). Further issuing a writ in the nature of mandamus directing the respondents to pay the salary to the petitioner regularly from month to month including arrears from 28.12.1992.
(3.) The facts arising out of the writ petition are that there is an institution known as Trigunanand Janta Inter College, Bankata Station, District- Deoria is a recognised institution and in grant-in-aid list. All the teachers and employees are being paid salary through the State Government under the Payment of Salaries of Teachers and Other Employees Act, 1971. The institution is being run by the Committee of Management according to the approved scheme of administration. One Ram Tapasya Prasad, L.T. grade teacher retired on 30.6.1992, the senior most teacher in C.T. grade Sri Vashistha Narayan Tewari was promoted on ad- hoc basis who was working as C.T. grade teacher. On the basis of promotion of Sri Vashistha Narayan Tewari, a short term vacancy has taken place in C.T. grade. The Committee of Management wanted to fill up the said short-term vacancy as such, an intimation to this effect was given to the District Inspector of Schools for the said purpose. When the District Inspector of Schools, respondent No.1 has not intimated anything then an advertisement was made in the newspaper and the Selection Committee was constituted and as the petitioner was fully eligible, has been selected and appointed. An intimation to this effect was given to the District Inspector of Schools on 17.12.1992. A copy of the same has been filed as Annexure 2 to the writ petition. In spite of the repeated reminders, the respondent No.1 has not passed any order then the petitioner had filed a writ petition before this Court as Writ Petition No.3107 of 1995, which was finally disposed of by this Court vide its order dated 6.2.1995 with the direction to the respondent No.1 to pass appropriate orders. A certified copy of the order and a reminder was sent then ultimately by order dated 26.4.2000, the District Inspector of Schools has rejected the claim of the petitioner. A copy of the same has been filed as Annexure 10 to the writ petition. Petitioner aggrieved by the aforesaid action of the respondent No.1 has again approached this Court by means of Writ Petition No.33928 of 2000 which was finally allowed by this Court on 19.11.2001 and order dated 26/28.4.2000 was quashed and the District Inspector of Schools was directed to decide the matter within a period of three months after affording full opportunity to the petitioner.;