- (1.) RAKESH Tiwari, J. Heard Counsels for the parties and perused the record.
(2.) CASE of the petitioner is that he was appointed as Clerk vide order dated 25-6-1981 and he joined as such w. e. f. 1-7-1981 in Maharaj Sri Dandi Swami Keshawashram Higher Secondary School, Gunail Gaharpur Meja, District Allahabad. Since then, he claims to have been performing his duties continuously. The aforesaid institution was uptrade from Junior High School to High School w. e. f. 3-11- 1983. The services of the petitioner were regularized vide order dated 7-10-1988 passed by the District Inspector of Schools, Allahabad, appended as Annexure 4 to the writ petition. The institution, in question, received grant-in-aid from the State Government w. e. f. 1-4-1996. The Joint Director of Education also recommended payment of salary to the petitioner. In the meantime, respondent No. 3 raised he validity of Madhyamik Certificate of the petitioner as such, respondent No. 2 reconsidered regularization of his services and remanded back the matter to respondent No. 3 vide order dated 27-6- 1998, which has been impugned in this writ petition. The grievance of the petitioner is that his salary has not been paid though he made several representations to the concerned authorities.
(3.) COUNSEL for the petitioner contended that the impugned order of remand is illegal and arbitrary as once his services were regularized vide order dated 7-6-1988 there was no occasion for its reconsideration by the impugned order. It is submitted that the petitioner is entitled to salary and allowances for the post, on which he has been continuously working and non-payment of his salary amounts to begars. In this regard, paragraphs 11 and 21 of the Rules of Madhyamik Shiksha Parishad Uttar Pradesh, 1991 are relevant for the purpose of resolving the controversy involved in this petition, which are as under :;