- (1.) ASHOK Bhushan, J. These two writ petitions have been heard together and are being disposed of by this common judgment.
(2.) SRI S. K. Pal, learned advocate has been heard for Ram Shiroman Singh and SRI R. C. Gupta appeared for Shiv Lal, the respondent No. 5 in Writ Petition No. 12171 of 1991 and petitioner in Writ Petition No. 32180 of 1991. Learned standing counsel has appeared for the State respondents. Civil Misc. Writ Petition No. 12171 of 1991 (hereinafter referred to as 'first writ petition') has been filed by Sri Ram Shiroman Singh seeking a writ of certiorart for quashing the order dated 10. 3. 1989, passed by the Principal of the institution, terminating the services of the petitioner and the order dated 22. 6. 1989, passed by the Committee of Management, deciding the appeal of petitioner against the termination order. A prayer has also been made for quashing the orders of the District Inspector of Schools dated 20. 12. 1990, rejecting the representation of the petitioner of the first writ petition, affirming the decision of the Principal, terminating the petitioner's services. A mandamus has also been sought for commanding the respondents to treat the petitioner throughout in service and pay him the salary w. e. f 1. 11. 1988. The second writ petition has been filed by Shiv Lal praying for a writ of certiorari, quashing the order dated 31. 7. 1991, by which the District Inspector of Schools communicated the Principal that selection of Shiv Lal as a class IV employee cannot be approved. A mandamus has also been sought, directing the respondents to pay salary of the petitioner from 15. 6. 1991 and onwards.
(3.) THE brief facts necessary to be noted for deciding these two writ petitions are that Gramodyogik Intermediate College, Ashok Nagar, Bharsawan, Fatehpur is a recognised institution under the provisions of U. P. Intermediate Education Act, 1921. THE institution is also governed by the provisions of U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. THE petitioner of the first writ petition, Ram Shiroman Singh was appointed as a class IV employee 'prahari' on 1. 7. 1973. THE Principal of the institution had taken a decision on 31. 12. 1982, terminating the services of the petitioner, which decision was set aside by the Committee of Management vide its letter dated 11. 12. 1983 and the petitioner was reinstated in the said service. When petitioner was not paid his salary, a writ petition being Civil Misc. Writ Petition No. 4987 of 1984 was filed by the petitioner in which an interim order was granted on 8. 8. 1985 for payment of salary of the petitioner. In pursuance of the aforesaid interim order, the salary was being paid to the petitioner. THE salary of the petitioner was stopped w. e. f. 1. 11. 1988. THE petitioner objected to non-payment of salary and sent several representations to the District Inspector of Schools and Manager of the institution. Letters were issued by the Principal of the institution informing the petitioner that he was absent from the institution. Vide letter dated 11. 2. 1989, the Principal asked the petitioner to appear and join on 28. 2. 1989 failing which his services would be deemed to be terminated. THE Principal thereafter issued a letter dated 10. 3. 1989, informing the petitioner that his services had been terminated as per earlier notice dated 11. 2. 1989. THE petitioner filed an appeal to the Committee of Management against the order of the Principal dated 10. 3. 1989. THE Committee of Management decided the appeal on 22. 6. 1989 by which the Manager approved the action of the Principal. However, the Manager also observed that in case, the petitioner did not appear within three days from the date of the receipt of the letter, his services would be deemed to be terminated from that date. THE petitioner filed a representation to the District Inspector of Schools, which was rejected vide order dated 20. 12. 1990. THE District Inspector of Schools observed that petitioner being absent from 1. 11. 1989 and he having failed to join his duties, had committed indiscipline hence, there was no merit in the appeal/representation of the petitioner. THE petitioner filed the 'first writ petition' on 19. 4. 1999, praying for the aforesaid reliefs. Shiv Lal, the petitioner of the second writ petition, claims to be appointed as class IV employee vide appointment order dated 10. 6. 1991, issued by the Principal in pursuance of which the petitioner claimed to join on 15. 6. 1991. The Principal forwarded the papers of Shiv Lal to the District Inspector of Schools. The District Inspector of Schools vide letter dated 31. 7. 1991, informed the Principal that District Inspector of Schools had already written a letter dated 23. 4. 1991. directing the Principal not to make any appointment on clear vacancy till approval is obtained from District Inspector of Schools. The District Inspector of Schools stated in the letter that appointment of Shiv Lal as Class IV employee is against the direction issued by the Department. The District Inspector of Schools stated in the letter dated 23. 4. 1991 that the direction was issued with object to absorb the dependent of deceased employee. The District Inspector of Schools informed the Principal that appointment of Shiv Lal on a class IV post cannot be accepted. Sri Shiv Lal filed Writ Petition No. 32180 of 1991, on 29. 10. 1991, challenging the order dated 31. 7. 1991, in which this Court passed following interim order on 1. 11. 1991: " Heard. Till further orders, the order dated 31. 7. 1991 (Annexure-4) shall not be given effect to. The petitioner shall be deemed in service and entitled for his monthly emoluments. ";