- (1.) Ram Nakshatra Pasad Maura is before this Court, assailing the validity of the order dated 23.04.2013 passed by the learned Single Judge in Civil Misc. Writ Petition No. 60802 of 2007 (Ram Nakshatra Prasad Maurya v. State of U.P. through Secretary, Basic Eduction, Secretariat, Lucknow and others) , wherein learned Single Judge has proceeded to dismiss the writ petition by observing that actually petitioner-appellant was not at all working in the institution and accordingly not entitled for claiming any salary.
(2.) Brief background of the case is that petitioner-appellant claims to have been appointed as Assistant Teacher in the institution, namely, Vidya Mandir Junior High School, Belthararoad, District Ballia on 02.08.1976 and also claims that his appointment was approved by the Assistant Director of Basic Education on 22.04.2980 when the institution was accorded permanent recognition. Petitioner-appellant has contended that thereafter under Three Language Scheme of the State Government, District Basic Education Officer, Ballia vide order dated 16.05.1989 has approved the engagement of petitioner-appellant. Petitioner-appellant has contended that salary was not being paid to him by the institution concerned, and in this regard he had filed Civil Misc. Writ Petition No. 28007 of 1996 for payment of salary, and this Court on 12.08.1992 had issued interim mandamus to pay salary or to show cause, and even then salary was not paid, then petitioner-appellant proceeded to file Civil Misc. Writ Petition No.34910 of 2009 claiming salary as Sanskrit Teacher and said writ petition was disposed of in limini vide order dated 01.11.1996 asking the District Basic Education Officer, Ballia to consider and decide the claim of the petitioner-appellant with regard to his claim for salary. Pursuant to the order passed by this Court, claim of the petitioner-appellant has been considered and turned down vide order dated 24.07.1997. Said order has been subjected to challenge in Civil Misc. Writ Petition No.36091 of 1997 and ultimately said writ petition has been allowed in part on 13.10.2006 and the matter has been remanded back to District Basic Education Officer for taking fresh decision and specially in regard to petitioner-appellant's right to receive salary etc. Pursuant to the directives issued by this Court, District Basic Education Officer, Ballia once again examined the matter and has proceeded to non suit the claim of petitioner vide order dated 20.09.1997. This particular order has been subjected to challenge in Civil Misc. Writ Petition No. 60802 of 2007 and same has been turned down on 23.04.2013 and thus impelling the petitioner-appellant to prefer present Special Appeal before this Court.
(3.) Sri Indraj Singh, learned counsel for the petitioner-appellant submitted before us that earlier directives issued by the learned Single Judge of this Court in Civil Misc. Writ Petition No. 36091 of 1997 has not at all been complied with in its word and spirit and learned Single Judge proceeded to dismiss the writ petition and at no point of time appreciated this facet of the matter and contrarily issue that has never been an issue has been raised, as such Special Appeal deserves to be allowed.;