Ashwani Kumar Mishra, J. - (1.) Ram Dayal son of Ram Sagar and Anirudh Thakur son of late B.N. Thakur have filed the present writ petition for a direction upon the respondents to pay salary to them, on the post of Assistant Clerk along with arrears, consequent upon their appointment in 'Baba Laxman Das Dwaba Rashtriya College, Bairiya, Ballia'. According to the writ petitioners, the institution is a recognised aided institution under the provisions of the Intermediate Education Act, and Payment of Salaries Act are also applicable. After due permission and intimation, advertisement was issued by the Committee of Management for making 2 appointments on the post of Assistant Clerk in the institution.
(2.) According to the petitioners, the post was advertised in daily Hindi news paper ' Anant Varta' on 4.7.1990 and thereafter in daily Hindi news paper ' Bali' on 3.7.1990 and that they were appointed on 4.8.1990. The alleged appointment order mentions that the petitioners had been appointed on temporary basis. It is then stated that the petitioners' appointment was duly intimated and that the District Inspector of Schools granted financial approval to petitioners' appointment on 3.1.1991. Further directions were also issued by the District Inspector of Schools for payment of salary but as the same was not released, present writ petition has been filed .
(3.) The committee of management has filed two counter affidavits. Petitioners' appointment is not denied by them but it is claimed that temporary appointment were issued to the petitioners and payment of salary was released from by the institution itself. It is, stated that only 2 posts were advertised and petitioners were engaged beyond the posts advertised on temporary basis. A counter affidavit has been filed by the State authorities, stating therein that there are 56 sanctioned posts of teaching and non teaching staff in the institution and against 56 persons are already working and no vacant posts had come into existence, against which petitioners could be appointed. It has been specifically stated that the alleged approval order dated 3.1.1991 is forged and no such order had been issued. It is stated that in the absence of there being any vacancy, the question of petitioners getting salary from the State does not arise.;