Pankaj Mithal, J. - (1.) This second appeal has been preferred by the plaintiff Gulab Singh against the District Inspector of Schools, Basti and Committee of Management, B.R. Inter College, Harraiya Basti through it Manager as respondents No.1 and 2 being defendants No. 2 and 3 in the suit.
(2.) B.R. Inter College, Harraiya in District Basti is a recognised intermediate college which is receiving grant-in-aid. In the said college there is only one sanctioned post of lecturer in English. The plaintiff had previously filed Writ Petition No. 27461 of 1997 before the High Court for the payment of his salary as lecturer in English on the allegations that the vacancy of post of lecturer in English had fallen vacant in 1988 and after it was notified to the U.P. Secondary Education Service Commission and was not filled up, the plaintiff was appointed on ad hoc basis after due selection and his appointment was also approved by the DIOS but even then he was not being paid salary. The writ petition was disposed of in limine permitting the plaintiff to represent to the DIOS. In pursuance thereof, the representation of the petitioner was rejected by the DIOS vide order dated 6.10.1994 holding that there was no vacant post of lecturer in English at the institution and the petitioner was not validly appointed, therefore, he is not entitled for any salary.
(3.) In the aforesaid background, the plaintiff instituted Original Suit No. 212 of 1997 for a decree of declaration that he may be declared a validly appointed lecturer in English at the institution and entitled for salary under the U.P. High Schools and Intermediate (payment of salaries of teachers and other employees) Act, 1971 (hereinafter referred to as an Act). He further prayed that the defendants to the suit i.e. the State of U.P., through Collector, Basti, DIOS, Basti and Committee of Management, B.R. Inter College, through its Manager be restrained from interfering in his functioning as lecturer in English.;