Vivek Kumar Birla, J. - (1.) Heard Sri N.L.Pandey, learned counsel for the petitioner as well as Shere Ali, learned counsel appearing for the respondent no. 2 and Sri H.C. Pathak, learned Standing Counsel appearing for the respondent no. 1. Counter and rejoinder affidavits have been exchanged and with consent of learned counsel for the parties, this writ petition is being decided at the admission stage itself.
(2.) Present writ petition has been filed seeking a writ of certiorari quashing the impugned order dated 22.7.2015 passed by respondent no. 2 whereby the claim of the petitioner regarding payment of salary has been rejected. A further prayer in the nature of mandamus commanding the respondents to pay salary of the petitioner which has not been given since the appointment on 28.12.1997 has also been made.
(3.) Earlier in the year 2003 the petitioner alongwith two other persons filed Writ Petition No. 47629 of 2003 on the ground that they are working as Assistant Teacher in Sri Thakur Shiv Narain Singh Junior High School, Bhagwanpur, Bazar Nautanwa, district Maharajganj (hereinafter referred to as the Institution) but they are not being paid their salary. The aforesaid writ petition was disposed of with a direction to the District Basic Education Officer, Maharajganj to consider the claim of the petitioner. The aforesaid order is quoted as under: "The contention of the petitioners is that they are working as Assistant Teachers in Sri Thakur Shiv Narain Singh Junior High School, Bhagwanpur, Bazar Nautanwa, district Maharajganj sinc 1st January, 1998 but they are not being paid their salary. The matter is engaging attention of the District Basic Education Officer, Maharajganj. Heard the learned counsel for the petitioner and the learned Standing Counsel. The writ petition is disposed of with the direction to the District Basic Education Officer, Maharajganj to look into the matter and to take a final decision in accordance with law within two months from the date a certified copy this order is filed before him. It is made clear that the Court has not adjudicated the claim of the petitioner on merits.";