D.P. Singh, J. - (1.) Heard counsel for the parties.
(2.) Markandeya Higher Secondary School, Kaithi in Varanasi is a duly recognized and aided Intermediate College. In pursuance of a notice dated 12.11.19 pasted on the notice board of the institution, the petitioner applied for adhoc appointment on a L.T. Grade post and vide a appointment letter dated 24.11.1990 he joined the institution on the same day. It is alleged that the papers with regard to his selection/appointment were sent to the District Inspector of Schools. Varanasi vide covering letter dated 26.11.1990 As the salary was not being paid, he preferred writ petition No. 28858 of 1994 but the same was dismissed vide order and judgment dated 29.1.1994 holding that no appointment on a substantive vacancy could be made without following due procedure provided in the First Removal of Difficulties Orders framed under U.P. Higher Secondary Education Service Commission Act. 1985 However, the petitioner has filed this second writ petition on the ground that other appointments like the petitioners have been made and approved and thus the judgment violates Article 14 and since in more than 1000 cases such adhoc teachers are continuing till regular selection, this Court in its earlier writ petition could not single out the-petitioner and discriminate him and therefore the salary with effect from 24.11 1990 should be released in his favour.
(3.) After hearing the parties, the court found that no counter affidavit has been filed on behalf of the State respondent and that on the same cause of action this present writ petition has been filed and the petitioner has been able to draw salary, thus, it passed a detailed order on 25.8.2005 asking the Director of Education (Secondary) to conduct an enquiry and submit a report. For ready reference the order dated 25.8.2005 is quoted below. Heard Sri U.S.P. Singh, counsel for the petitioner, learned Standing Counsel for respondent No. 1 and Sri Ram Siwas Singh, learned Counsel appearing for the newly impleaded respondent. This writ petition has been filed claiming the following reliefs: (a) to command an order in the nature and direction of mandamus directing the opposite parties to make the petitioner's due salary w.e.f 24.11.1990 till now and in future in accordance with law. (b) to pass any other and further suitable order as this Honble Court deems fit and proper; and (c) to allow this writ petition with cost in favour of the petitioner.;