- (1.) RAKESH Tiwari, J. This writ petition arises out of impugned order dated 28-6-1994, appended as Annexure 22 to the writ petition, passed by the District Inspector of Schools, Aligarh (for short 'dios') insofar as it deprives the petitioner from payment of salary w. e. f. May, 1992 till the date of joining Janta Adarsh Inter College, Ruheri, District Aligarh (for short 'college' ). The petitioner has prayed for quashing of the aforesaid order dated 28-6-1994 and for a writ of mandamus commanding the respondents not to interfere in the fuctioning of the petitioner as Assistant Teacher in L. T. Grade and to pay him regular and monthly salary month by month including the arrears of salary since April, 1992 till the date of institution of the writ petition. The petitioner has further prayed that a writ of mandamus be issued to the respondents to pay his revised pay scale, selection grade, promotional pay scale and retiral benefits with interest.
(2.) THE factual scenario of the matter is that the College is aided by the State Government and is governed by the provisions of U. P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act' ). The petitioner was appointed as Assistant Teacher in C. T. Grade and was continuously working since 1-7-1973. By virtue of declaration of C. T. Grade as dying cadre in 1989 and the petitioner having completed 10 years continuous service in C. T. Grade claims to have become entitled for appointment in L. T. Grade w. e. f. 1-1-1986. The grievance of the petitioner is that he was not paid any salary w. e. f. 1-5- 1988 to 3-6-1989 and from 1- 12-1989 to 31-3-1991. The petitioner also being aggrieved by the seniority list instituted Civil Misc. Writ No. 6838 of 1992 which is said to be still pending before this Court in paragraph 30 of the counter-affidavit. Though no rejoinder affidavit has been filed in the aforesaid writ petition it has been averred in paragraph 6 of the writ petition that the petitioner was paid L. T. Grade only for the month of March, 1992 and no salary was paid to him in that grade thereafter w. e. f. 1-1- 1986 to February, 1992. The petitioner further alleges that since March 1992 till the date of institution of the writ petition, he was not paid any salary either in L. T. or in C. T. grade. It has also been averred by the petitioner in paragraph 8 of the writ petition that he had proceeded on medical leave from 29- 3-1992 to 1-5-1992 but when he reported for duty on 4-5-1992, he was restrained from signing the attendance register and thereafter w. e. f. 29-7-1992 he was further restrained from working in the College. Though order of termination had not been passed, the Principal of the College passed his order dated 29-7- 1992, appended as Annexure 6 to the writ petition.
(3.) AGGRIEVED, the petitioner submitted a representation to the Principal of the College who vide his letter dated 31-3- 1994 appended as Annexure 7 to the writ petition, directed the petitioner to join his duties on any working day at 8 a. m. , with the original medical certificate (s), original fitness certificate, explanation for remaining absent and original educational documents. The petitioner replied to the aforesaid letter vide his letter dated 18-4-1994, copy of which is appended as Annexure 8 to the writ petition. A perusal of Annexure 8 reveals that the petitioner did not submit the requisite documents on the ground that they had already been perused by the Principal of the College on earlier occasion.;