D.P. Mohapatra, R.R.K. Trivedi, JJ. - (1.) As affidavit of service was not filed along with the appeal, this appeal was marked as incompetent and was assigned No. 14(D). Learned counsel for the appellant has filed affidavit of service today. Office may now register it as a regular appeal.
(2.) The facts necessary to appreciate the controversy in this appeal are that a post of clerk in Khair Inter College, Khair District Aligarh (hereinafter referred to be College) fell vacant on account of death of Shrl Niranjan Prasad Govil on 5-10-1991. Appellant Dori Lal claimed appointment on this post on the basis of his promotion from Class IV inter alia on the ground that the post in question comes under the promotion quota and he being the only qualified Class IV employee is entitled to be appointed on the post. Consequently he filed writ petition No. 2672 of 1992 and prayed for quashing of the order dated 7-10-1991 by which respondent No. 3 was appointed on the post.
(3.) Respondent No. 3, on the other hand, filed writ petition No. 1444 of 1992 and claimed a writ of mandamus directing respondents Nos. 1 and 2 to pay him salary on the basis of his appointment on the post in question. Hie case was that initially ha he was appointed on a short term vacancy as Shri Niranjan Presad Govil had proceeded on medical leave from 3-9-1991 till 3-9-1392. However, the short term vacancy on death of Niranjan Prasad Govil became a substantive vacancy and the committee of management gave him a substantive appointment on 7-10-1991. The information of this appointment was forwarded by the committee of management to the District Inspector of Schools for seeking his financial approval and for payment of salary under the provisions of U. P. Act No, 24 of 1.971. However, no orders were passed by the District Inspector of Schools. He claimed that he has been continuously discharging his duties as clerk with effect from 3-9-1991 but he has not been paid salary.;