- (1.) RAKESH Tiwari
(2.) -Heard counsel for the parties and perused the record. The petitioner was initially appointed as Assistant Teacher in C.T. Grade in D.A.V. Inter College, Budhana, district Muzaffarnagar in the month of October, 1950. He was promoted as an Assistant Teacher in L. T. Grade in the said college in July, 1955. Thereafter he was promoted as Lecturer vide order dated 8th July, 1960. The appointment of the petitioner was approved by the District Inspector of Schools vide order dated 28.11.1960 but he was not being paid the salary of the Lecturer Grade. The contention of the counsel for the petitioner is that the representations were made by the petitioner to the District Inspector of Schools for payment of difference of salary of Assistant Teacher in L.T. Grade and Lecturer Grade as he had been discharging the duty of post of Lecturer w.e.f. 8.7.1960. Ultimately, the petitioner was communicated vide letter dated 16.7.1988 by the Committee of Management that in view of the order dated 5.7.1988 passed by the District Inspector of Schools, Muzaffarnagar his representation has been rejected and salary of the post of Lecturer cannot be given to him for the reason that the petitioner is not qualified for the post of Lecturer.
(3.) IT is vehemently contended by the counsel for the petitioner that no such letter dated 5.7.1988 was ever communicated to the petitioner nor the petitioner was given any opportunity of hearing to show that in fact he is qualified for the post of Lecturer and that his appointment on the said post has rightly been made, as such the order dated 5.7.1988 is liable to be set aside. The High Court vide order dated 20.3.2007 directed the standing counsel to bring on record the copy of the letter dated 5.7.1988 said to have been passed by the District Inspector of Schools. Sri Ashok Khare, senior counsel appearing for the Committee of Management submits that if the petitioner was not being paid salary of the post of Lecturer since 1960 as such he should have filed the writ petition at that time whereas he has filed the writ petition in 1989 when he was about to retire. According to him the petition suffers from delay.;