- (1.) Heard Sri Sunil Kumar Srivastava, learned counsel for the appellant and learned Standing Counsel for the respondents.
(2.) This special appeal is preferred against judgment and order dated 24.5.2011 passed by Writ Court in Writ - A No. 29222 of 2011 (Chaman Kumar & Ors. Vs. State of U.P. & Ors.) whereby the writ petition filed by the petitioners-appellants has been dismissed.
(3.) The order impugned is assailed on the grounds that the Writ Court has failed to appreciate the facts pertaining to the case that petitioners-appellants have been continuously working till date; that controversy with regard to non-payment of salary to members of staff of the institution has now settled by order passed by Joint Director of Education dated 29.03.2011, sanctioning payment of salary to four other identically circumstanced teachers of the institution. By his order the Joint Director of Education has upheld the order of approval dated 25.07.1997 passed by District Inspector of Schools as valid, finding that the order rejecting claim of the petitioners-appellants for receiving salary from Government Grant passed in the year 2005 is based upon an objection with regard to according approval to the appointment of the petitioners-appellants vide order dated 25.07.1997 passed by District Inspector of Schools. It is stated that in this view, petitioners-appellants are also entitled to get their salary from Government grant in the light of the aforesaid order dated 29.03.2011 whereunder order of approval dated 25.07.1997 has been held valid.;