Devendra Kumar Arora, J. - (1.) Heard Mr. Sanjay Misra, learned Counsel for the petitioner, learned Standing Counsel and Mr. S.K. Kalia, Senior Advocate, assisted by Mr. Vidhu Bhushan Kalia, learned Counsel for the opposite party No.5.
(2.) Committee of Management, Shri Shanker Ji Sanskrit Uchchattar Madhyamik Vidyalaya, Ambedkar Nagar (Petitioner herein) has approached this Court under Article 226 of the Constitution of India, questioning the validity of the order dated 18.1.2017 passed by the Secretary, Secondary Education, Department of U.P., Lucknow, whereby in pursuance to the order dated 23.9.2016 passed in Review Petition No. 89 of 2014 : Committee of Management Sri Shanker Ji Sanskrit Unchchatar Madhyamik Vidyalaya, Kadariyawan, Godaiganj, Ambedkar Nagar Vs. Praveen Kumar Singh, services of the opposite party No.5-Praveen Kumar Singh on the post of Principal, Committee of Management, Shri Ji Sanskrit Uchchatar Madhyamik Vidyalaya, Kadariyawan, Gosaiganj, Ambedkar Nagar (hereinafter referred to as the "Institution") has been treated to be continued and a direction has been issued for payment of salary as well as arrears of salary, subject to the final decision of writ petition No. 6422 (SS) of 2012 and Special Appeal Defective No. 121 of 2012.
(3.) Submission of the learned Counsel for the petitioner-Mr. Sanjay Misra is that appointment of the opposite party No.5-Praveen Kumar Singh as Principal in the Institution was made without requisition and publishing the vacancy in the daily newspaper, therefore, his was not paid salary. Opposite party No.5-Praveen Kumar Singh, feeling aggrieved by non-payment of salary, had approached this Court by means of writ petition No. 3037 (SS) of 2012 : Praveen Kumar Vs. State of U.P. and others. This Court, vide an ad interim order dated 1.6.2012, while issuing direction to the Director of Education to conduct an inquiry and extending benefit of the order dated 18.4.2012 passed in writ petition No. 1775 (SS) of 2012 : Roopam Pathak Vs. State of U.P. and others and other connected petitions, also directed to pay salary to the petitioner for the post in question.;