Rakesh Tiwari - (1.) -Heard counsels for the parties and perused the record.
(2.) THE petitioner claims to have been appointed as Assistant Urdu Teacher in the pay scale of Rs. 220-440 on 15.6.1988 in the institution, namely, Madarsha Urdu Isha-tul-Ulum Sarari Khan, Bareilly (hereinafter referred to as 'the Madarsha') which is managed by the respondent No. 3 Maulana Abdul Rauf Manager of the Madarsha. THE services of the petitioner were alleged to be governed by Arbi Madarsha Niyamawali, sanctioned and approved in concurrence with the Finance Department of the State of U. P. G.O. No. N.E.-11/2371/Ten-87 dated 31.7.1987, vide Government Notification No. 3367/1/15-17-87-53/5/86 dated 22.8.1987. The allegation of the petitioner is that when the institution reopened on 23.3.1991 after annual holidays, he went to join his duties but was not allowed to join by the Manager. It is stated that in the circumstances, the petitioner brought the aforesaid fact to the knowledge of District Basic Shiksha Adhikari, Bareilly, vide his letters dated 13.5.91, 3.6.91, 28.6.91, 20.8.91, 3.6.91, 1.10.91, 28.10.91, 11.12.91 and 26.12.91. Ultimately, the Basic Shiksha Adhikari respondent No. 2 directed the Manager of the institution respondent No. 3 vide letter dated 1/9.2.1992 to allow the petitioner to join his duties and in case any action had already been taken under Paras 33 and 34 of the Service Rules, he may be apprised of the action taken in the matter was not complied with by the respondent No. 3. The relevant Paragraphs 2, 3 and 4 and of the letter are as under : ...[VERNACULAR TEXT OMMITED]... Counsel for the petitioner has contended that the order of respondent No. 2, from the above facts, it is apparent that the services of the petitioner have been terminated in violation of principles of natural justice read with Paras 33 and 34 of the Rules of 1987. It is stated that the salary and allowances of the petitioner w.e.f. March, 1991 till the date of filing of the writ petition in February, 1992 have not been paid in spite of repeated demands to which he is entitled to.
(3.) THE petitioner has prayed for a writ of mandamus commanding the respondents that the petitioner be allowed to join his duties and to make the payment of his salary as well as outstanding dues amounting to Rs. 57,690.20P together with 12% interest. THE other relief which has been sought by means of an amendment application in the prayer is for a writ of mandamus commanding respondent No. 3 to comply with the direction issued by respondent No. 2 contained in Annexure X to the writ petition and the petitioner be allowed all benefits and arrears of pay and allowances together with 12% interest. From the averments made in the counter-affidavit filed on behalf of the Manager respondent No. 3, it appears that no post of Assistant Urdu Teacher was ever advertised by the Madarsha and that the petitioner was appointed for a fixed period of one year on 15.6.1988 in a leave vacancy of one Sri Sagir Ahmad who had gone on leave for a period of one year. Sri Sagir Ahmad further extended his leave for one more year.;