V.K.SHUKLA, J. - (1.) IN the District of Moradabad there is an institution known as Muslim Inter College, Thakurdwara. Said institution is duly recognized institution under the provision as contained in U.P. Act No. II of 1921 and the institution being in grant in aid list of the State of Government provision of U.P. Act No. 24 of 1971 are also fully applicable to the said institution. In the said institution one Budha Ali retired on 30.6.1998 from the post of Assistant Teacher (Urdu) C.T. Grade. As C.T. Grade declared as dying cadre, said post in question was treated as post of L.T. Grade in view of the Government Order issued in the year 1989. Managing Committee of the institution of 13.7.1998 sought permission from the District Inspector of Schools, Moradabad for making selection and appointment against the vacancy which came into existence due to retirement of Budha Ali and thereafter selection proceedings were undertaken and papers were transmitted to District Inspector of Schools for the purpose of according approval. Petitioner was issued appointment letter on 7.7.1999 and petitioner claims to have joined in the institution on 10.7.1999. Petitioner further claims that since then he has been continuously performing and discharging duties on the post of Assistant Teacher (Urdu) in the institution. As on the papers which has been submitted no action has been taken, petitioner filed Civil Misc. Writ Petition No. 5018 of 2000 wherein this Court on 4.2.2000 asked the authorities concerned that in case petitioner is duly selected and is working he shall be paid his salary. Thereafter petitioner filed contempt petition being Civil Misc. Contempt Petition No. 2287 of 2000 for compliance of the said order. Thereafter on other Civil Misc. Writ Petition No. 26977 of 2003 has been filed questioning the validity of selection proceedings undertaken qua other post. Both writ petitions have been heard finally and thereafter matter was finally decided on 13.1.2005 directing the District Inspector of Schools to consider the claim of the petitioner in regard to grant of approval within one month from the date of presentation of certified copy of this order. Thereafter order dated 6.7.2005 has been passed by the District Inspector of Schools holding therein that appointment of the petitioner is valid and directing payment of salary to the petitioner from the date of issuance of order i.e., 6.7.2005. Qua this part of the order petitioner has filed present writ petition.
(2.) COUNTER -affidavit has been filed contending therein that appointment of the petitioner has been made against non-sanctioned post as such view which has been taken is justifiable view. Rejoinder affidavit has been filed disputing the averments mentioned in the counter-affidavit by contending that issue which has been sought to be collaterally raised has already been answered on earlier occasion as such view taken is unsustainable.
(3.) AFTER pleadings mentioned above been exchanged, present writ petition has been taken up with the consent of the parties for final hearing and disposal.;