- (1.) This special appeal arises from a judgment of the learned Single Judge dated 4 December 2015.
(2.) The appellant filed a writ petition1 in 2013 in order to challenge an order passed by the District Inspector of Schools, Mainpuri on 30 May 2012 declining to grant him arrears of salary for the period during which he had not worked as Principal of Dayanand Inter College, Ghiror, District Mainpuri2 and seeking a mandamus for the payment of arrears of salary from 1985 till the date of his superannuation on 30 June 2011 and consequential retiral benefits. The learned Single Judge allowed the writ petition in part by directing that the appellant would be entitled to salary with effect from 30 June 2006 which was the date on which the appellant joined as Principal of the College pursuant to a letter of appointment issued by the Committee of Management3 on 19 July 2006. Consequential benefits and retiral dues were directed to be determined on that basis. The appellant is aggrieved since his wider claim for the payment of salary from 1985 and for the computation of retiral benefits on that basis has not found acceptance of the learned Single Judge.
(3.) The appellant was selected by the Uttar Pradesh Secondary Education Service Selection Commission (now replaced by the Uttar Pradesh Secondary Education Services Selection Board4). The name of the appellant was recommended by the Board on 20 December 1984 in pursuance of which the District Inspector of Schools issued a communication on 9 January 1985 to the Manager of the College for the issuance of a letter of appointment to the appellant. A writ petition5 was filed in 1984 by the Manager of the College challenging the advertisement in pursuance of which the appellant had applied for the post of Principal, in which an interim order was passed on 9 October 1984 by which it was directed that the selection may proceed but the letter of appointment will not be issued until further orders. The interim order held the field until the petition was dismissed as withdrawn on 16 December 1989. Consequent upon the dismissal of the writ petition, the appellant moved an application on 21 December 1989 to the District Inspector of Schools for the issuance of a letter of appointment and the District Inspector of Schools on 23 December 1989 directed the Management of the College to appoint the appellant. The Management having failed to comply, the District Inspector of Schools again issued a letter on 27 February 1990 to the Management for appointment of the appellant but the appellant was not appointed. The appellant moved a representation before the Regional Director of Education on 13 March 1990 who once again issued a direction to the Management of the College on 15 May 1990. The Management of the College instituted a suit6 before the Civil Court for a permanent injunction restraining the State from appointing the Principal selected for the College by the Board. The appellant applied for impleadment which was rejected and eventually the suit was decreed by the grant of a permanent injunction on 10 April 1991.;