Krishna Murari, J. - (1.) This intra court appeal filed under the Rules of Court has been filed challenging the judgment and order dated 12.01.2009 passed by learned single Judge dismissing the writ petition filed by the petitioner -appellant seeking a writ of mandamus to command the respondents to pay salary of the L.T. Grade with effect from 12.08.1991 onwards as well as future salary month by month as and when it falls due.
(2.) Shorn of unnecessary details, facts relevant for the purposes of deciding the controversy are as under: Kisan Uchchatar Madhyamik Vidyalay, Pipra Bazar, Deoria is a duly recognized institution and governed by the provisions of U.P. Intermediate Act, 1921 as well as Payment of Salaries Act, 1971. The petitioner -appellant claims that he was appointed as L.T. grade teacher to teach biology in the institution in question on a newly created post, which was sanctioned by the Director of Education vide order dated 31.3.1991. The Committee of Management vide letter dated 26.4.1991 notified the vacancy to the District Inspector of Schools. However, even after expiry of period of two months from the date of notification of the vacancy, when no appointment was made, the Committee of Management in exercise of power conferred by Sec. 18 of the U.P. Secondary Education Services Commission and Selection Board Act, 1981 after inviting the application and interviewing the applicants, recommended the name of the petitioner -appellant for being appointed on the said post. Thereafter, the Manager of the Institution issued an appointment letter dated 11.8.1991 and in pursuance thereof, the petitioner -appellant joined the duties and started working with effect from 12.8.1991. The relevant papers pertaining to the selection and appointment of the petitioner -appellant were forwarded by the Committee of Management vide covering letter dated 22.8.1991 to the District Inspector of Schools for approval. However, when the petitioner -appellant was informed by the District Inspector of Schools as per letter dated 31.8.1991 issued by the Director of Education that financial approval cannot be granted, he approached this Court by filing the instant writ petition.
(3.) Learned single Judge vide impugned judgment and order dismissed the writ petition on the ground that the petitioner was not appointed in accordance with the procedure prescribed under the First Removal of Difficulties Order, as such, his appointment cannot be held to be valid.;