- (1.) O. P. Jain, J. This writ petition has been filed by the petitioner with a prayer that the order of D. I. O S. , Basti dated 7- 5-1994 (Annexure '17') a should be quashed. By the impugned order the D. I. O. S. has ordered that the salary may be paid to respondent Ram Lautan Verma as ad hoc Head-Master of the institution. It 'has also been ordered that payment of salary will be subject to the result of the second appeal filed by respondent No. 3.
(2.) THE brief facts of the case according to petitioner are that there is a Higher Secondary School at Rohra in district Basti, which is known as "ram Raj Pandey Higher Secondary School". On 5-5-1980 the post of Principal was created by the Dy. Director of Education and on 11-6-1980 services of 8 teachers were regularised. By the same order permission was granted to advertise the post of Head-Master and two teachers. Advertisement was published in the newspaper accordingly. It is alleged in para 5 of the petition that respondent No. 3 R. L. Verma had resigned on 15-5-1980 and the registration was accepted by the Managing Committee. On 18th August, 1980 respondent No. 3 filed a suit for permanent injunction and also filed an application for temporary injunction restrain ing the Committee of Management from making appointment on the post of Head-Master. Temporary injunction was granted by the Munsif's court but on an appeal being filed by the Committee of Management the appellate court set aside the order of temporary injunction, vide Annexure '2' Respondent No. 3 filed a Writ Petition No. 7280 of 1981 which was dismissed by this Court on 10th August, 1981. The civil suit, filed by respondent No. 3, was decreed by the Munsif Court but the judgment was set aside by the Additional District Judge and a Second Appeal was filed by respondent No. 3 which has been allowed by this Court by separate order. The Second Appeal was heard along with the present writ petition. On the basis of temporary injunction passed by the Munsif's Court and which was set aside by the First Appellate Court, different orders were passed by the D. I. O. S. from time to time. The D. I. O. S. also passed orders as a consequence of the decreeing of the suit and again as a consequence of the dismissal of the suit by the court of Additional District Judge. Every time the D. I. O. S. passed one order or the other, petitioner or respondent No. 3 filed writ petitions in this Court. It is not necessary to go into the details of those writ petitions and it is sufficient to say that a history of this litigation has been given in paras 5 to 31 of the present writ petition.
(3.) THE present petitioner has not disclosed the facts before 5-5-1990. This institution was originally a Junior High School till 1977 and was up graded to a High School in that year. Respondent No. 3 R. L. Verma was the Head-Master of the Junior High School and after its upgradation he continued to work as ad hoc Head-Master of the High School. It is pointed out by the respondent No. 3, in his counter- affidavit, that the present petitioner filed writ petition No. 4309 of 1983 which was dismissed by this Court on 24th March, 1983, vide Annexure C. A-l. A perusal of various orders passed by the D. I. O. S. and some orders passed by this Court on the writ petitions filed by the petitioner or respondent No. 3 shows that in almost every case it was stated that the order is subject to the result of the Second Appeal. In the impugned order, Annexure'17' also it is clearly stated that the order is subject to the result of the Second Appeal filed by R. L. Verma.;