AMRESHWAR PRATAP SAHI,J. - (1.) This appeal even though arises out of the judgment of the learned Single Judge dated 14th November, 2003 in Writ Petition No. 40220 of 1993, yet it has its precursor in two previous writ petitions filed by the respondent no. 4-Committee of Management being Writ Petition No. 12299 of 1982 and Writ Petition No. 20233 of 1987. The aforesaid two writ petitions were dismissed on 30th September, 1985 and 7th May, 2001 respectively, the previous writ petition of 1982 with an interim order passed therein on 21.10.1982 and in view of a Compromise Application, and an interim order dated 17.11.1987 passed in the 1987 writ petition.
(2.) The dispute in short is about the appointment of the appellant against the post of Sub-Deputy Inspector of Schools in the Basic Education Department of the Government of Uttar Pradesh, coupled with the claim of appellant's lien on the feeder post of Head Master and consequential benefits including payment of salary in a Junior High School which is a privately managed Institution governed by the statutory provisions framed under the U.P. Basic Education Act, 1972 namely, the Uttar Pradesh recognized Basic School (Junior High School) (Recruitment and Condition of Service of Teachers) Rules, 1978 (hereinafter referred to as the "1978, Rules") and also financially aided by the State, as would be evident from the facts unfurled hereinafter. It is necessary to delve into the aforesaid status of employment of the appellant as Head Master and further claim as a Sub-Deputy Inspector of Schools on account of the intervening litigation and the judicial and administrative orders intersecting the same.
(3.) The writ petition giving rise to this appeal prayed for a certiorari to quash the order dated 14th August, 1989 whereby the appellant was informed by the Assistant Director of Education, Basic 1st Region, Meerut that the Director of Education vide communication dated 18.07.1989 has communicated that it was not possible to appoint and continue the appellant as a Sub-Deputy Inspector of School. This was the immediate cause that gave rise to the writ petition. A further prayer was made in the writ petition to allow the appellant to join the post of Sub-Deputy Inspector of Schools and to treat him in such service since, 1985.;