O.P.Garg, J. - (1.) These are two writ petitions, in which common questions of law and facts are involved. Counter and rejoinder affidavits have been filed in bath the writ petitions. There are, therefore, proposed to be decided together by this common judgment.
(2.) There is a Gauri Pathshala Sabha-a society which runs two institutions at Allahabad. They are, (i) Gauri Pathshala Intermediate College, and (ii) Rajarshi Tandon Mahila Mahavidyalaya, an associated Degree College of the University of Allahabad. Both the aforesaid colleges have separate Managing Committees. Rajarshi Tandon Mahavidhyalaya, Allahabad (hereinafter referred to as 'the College') is an associated Degree College for girls and was granted recognition by the University of Allahabad in the year 1975. It was brought on the grants-in-aid list of the Government w.e.f. 1.3.1984. The said Degree College is Governed by the provisions of U.P. State Universities Act, 1973 (hereinafter referred to as 'the Act') and the statutes made thereunder. The affairs of the Committee of Management of the Degree College were managed by Smt. Rani Tandon, daughter-in-law of late Rajarshi Purshottam Das Tandon till the Year 1980. She was acting as the Secretary-cum-Manager of the Degree College and was also its Hony. Principal. After her resignation, Dr. G.C. Agarwal was elected as new Secretary and Manager of the institution on 18.1.1981. On the acceptance of his resignation in the month of June, 1985, Sri Kalka Prasad Mohiley was elected as Secretary-cum-Manager of the institution in July, 1985. After the resignation of Sri Mohiley., which was accepted on 4.2.1986, Sri Had Mohan Das Tandon was elected as Secretary-cum-Manager of the Institution. One Km. Sanjivini Srivastava was the Head Mistress of the Gauri Pathshala Intermediate College. She was appointed to look after the affairs of the Degree College as an officer on Special Duty in February, 1981 and was also elected as Joint Secretary of the Committee of Management of the Degree College in July, 1985 and continued on the post of Officer on Special Duty in the Degree College till 30.1.1986 when who resigned. Dr. (Km.) Manju Vishwakarama was Principal/Pracharya of the Degree College.
(3.) The dispute revolves round the question of appointment, or otherwise, of Smt. Shakuntala Purwar as a Routine Grade Clerk in the Degree College. Her claim is that she was validly appointed as Routine Clerk by Smt. Rani Tandon on 25.3.1977 with the approval of the Committee of Management in the pay scale of Rs. 200-320 and that it was stipulated in the appointment letter that till the Degree College is brought on the list of grants-in-aid, she will be paid a sum of Rs. 50 per month as conveyance allowance. She joined on 1.4.1977 and since then she is continuing to perform her duties as Routine Clerk in the Degree College and that she had been paid the salary for the period 1.3.1984 to 30.9.1985, and thereafter on account of sharp differences between Km. Manji Lata Vishwakarma, Principal, on the one hand, and the Manager of the Committee of Management of the College, on the other, her salary has not been paid inspite of the fact the State Government, Director of Higher Education, District Inspector of Schools and other authorities have passed specific orders to release her pay.;