JUDGEMENT
R.N. Ray, J. -
(1.) HEARD the learned counsel for the petitioner. It has been submitted that the petitioner has been functioning as L.T. grade teacher to teach English in Maharaja Agrasen Inter College, Dhuliaganj, City Station Road, Agra. The said Intermediate College is affiliated to Board of High School and Intermediate, Allahabad. The petitioner was eligible for appointment and promoted to the post of Lecturer grade and his promotion was approved by the D.I.O.S. Agra on 8 -12 -89. A copy of the approval of the D.I.O.S. is marked as Annexure 1 to the writ petition. The petitioner filed a writ petition which was dismissed by this Court. Applications were invited for the appointment of L.T. grade teacher to teach English in the institution. A selection committee was constituted for selection of the teacher as L.T. grade teacher. The committee selected the petitioner and the appointment letter was issued on 20 -6 -89, a copy of which has been annexed as Annexure 2 to the writ petition. The Manager issued a certificate on 15 -12 -89 which shows that the petitioner has been continuing in service from 20 -6 -89 upto date, a copy of the same has been marked as Annexure 3 to the writ petition. The Manager sent the copy of the resolution by which the petitioner was appointed as L.T. grade, a true copy of the same has been marked as Annexure 4 to the writ petition. The D.I.O.S. approved the appointment of the petitioner by his order dated 28 -3 -90 and the petitioner was entitled to get the salary. No counter affidavit has been filed either by the Manager or on behalf of the D.I.O.S. or the Accountant of D.I.O.S. The petitioner sent several letters to the D.I.O.S. for payment of salary but till now he has not been given his salary to the post of Lecturer of that institution which he is functioning as such. The learned Standing Counsel submitted that it is not known whether the Management has sent regular bills for payment and as such he is not in a position to say whether the opposite parties Nos. 1 and 2 were responsible for the alleged inaction.
(2.) DULY considered the submissions. The petition is finally disposed of by issuing a writ in the nature of mandamus directing the respondents Nos. 1 to 4 that it regular bills of that institution have been submitted through the Principal for payment of the salary to the petitioner in the grade of lecturer, in that event the salary should be paid accordingly to the petitioner within six weeks from the receipt of this order.
Let a copy of this order be made available to the learned counsel for the petitioner within three days on payment or usual charges and a copy of the same be sent down to D.I. of School, Agra.;
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