Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner praying for quashing of the order dated 31.12.2011 passed by the Basic Shiksha Adhikari, Deoria and praying for a writ in the nature of mandamus directing the respondents to appoint the petitioner in a vacant post of clerk in Narain Laghu Madhyamic Vidyalaya, Akataha, Chhapauli, Deoria under Dying-in-Harness Rules, 1974 and to pay him regular salary w.e.f. 24.5.2011 onwards.
(2.) Sri H.N. Singh, learned Senior Counsel assisted by Sri P.K. Mishra appearing for the petitioner has argued that Narain Laghu Madhyamic Vidyalaya, Akataha, Chhapauli, Deoria (herein after referred to as Junior High School) is a Junior High School imparting education from classes VI to VIII. The aforesaid Junior High School had earlier been granted only temporary / recognition and was granted permanent recognition only in 1988. The petitioner's father Mohd Ismail had donated his land for the establishment of the above Junior High School and was also one of the founders of the said school. Mohd Ismail was selected and appointed on 1.7.1983 on the post of clerk in the said Junior High School by the Manager on the probation of one year. Late Mohd Ismail completed is one year probation and was confirmed on the post w.e.f. 1984. He continued to serve the Junior High School for about 28 years till he died in 2011. When the school was recognised, but was not in grant-in-aid list, the management paid the salary of late Mohd Ismail for its own resources.
(3.) After the U.P. Re-cognised Basic Schools (Junior High School) (Recruitment and Condition of Service of Ministerial Staff and Group D Employees) Rules 1984 (herein after referred to as the 1984 Rules) came into operation the father of the petitioner was included in the list of staff in Manager's Return as clerk. In the application for grant-in-aid also, the name of late Mohd Ismail finds place in the list of staff and the School was approved for grain-in-aid in December 2006.;