J.C. Gupta, J. - (1.) By means of this writ petition, the petitioner has prayed for a writ of mandamus directing respondent No. 1 to release his salary since 12.10.88 of the post of Science Lab Attendant, a Class IV post.
(2.) One Ram Dev Singh, who was posted as Head Clerk in the Hartman Inter College, Hartmanpur. district Ghazipur, died on 11.4.88. The said College is recognised under the provisions of U. P. Intermediate Education Act as a minority institution. In the vacancy of Ram Dev Singh created on account of his death, one Bechan Ram, Assistant Clerk was promoted by the Committee of Management through the resolution dated 28.4.88. By the same resolution Jagdish Ram a Class-IV employee was promoted as Assistant Clerk in the vacancy created by promotion of Bechan Ram on the post of Head Clerk. Bechan Ram joined as Head Clerk on 1.5.88. while Jagdish Ram joined on the post of Assistant Clerk on 3.5.88. Their appointments were also approved by the District Inspector of Schools, Ghazipur and they have been confirmed on their respective posts by the order, dated 28.4.88. The vacancy for Class IV post caused on account of promotion of Jagdish Ram. was advertised and applications were invited for appointment in the said vacancy. After holding the Interview of several candidates, the petitioner was relected at serial No. 1 and on the recommendation of the Selection Committee, the Principal of the institution appointed the petitioner as Science Lab Attendant by the order, dated 8.10.88. On the same day the Principal sent the papers relating to the appointment of the petitioner to the District Inspeclor of Schools. The petitioner joined his service on 12.10.88 and since then he has been working to the entire satisfaction of the college authorities, but he has not been paid his salary. Though no approval of the District Inspector of Schools was necessary under law. he neither approved the petitioner's appointment nor released his salary and directed the college authorities to appoint Ramji Singh son of late Ram Dev Singh in the aforesaid vacancy of Class IV under the Dying-in-Harness Rules, though Ramjt Singh, who was M.A. vide his application dated 2.5.88, had sought appointment on a suitable post as per his qualifications. The Committee of Management rejected his application as no post of his status and as per his qualification was available for his appointment. The District Inspector of Schools vide his letter dated 10.4.89 again directed the Principal to appoint Ramji Singh as Class IV employee and also issued a letter of appointment on 10.4.89 in pursuance of the G.O., dated 23.9.81. The Principal challenged the said order of the District Inspector of Schools before this Court and the operation of the order, dated 10.4.89 was stayed by the order of this Court dated 9.5.89. Subsequently, the State Government issued another G.O., dated 30.7.92 introducing Regulations 101 to 107 in Chapter 111 of the U. P. Intermediate Education Act specifically making provisions for filling up vacancies, which were created on account of death of persons working in the Intermediate Colleges. In pursuance of the aforesaid Government Order, the District Inspector of Schools vide order dated 4.2.93 created a Class III post in Hartman Inter College, Hartmanpur, Ghazipur specifically directing the Principal of the institution to appoint Ramji Singh on the created Class 111 post in the college. In the rejoinder-affidavit, it is further stated by the petitioner that the controversy of appointment of Ramji Singh has been put to rest inasmuch as the said person under the Dying-in-Harness Rules has been appointed as Assistant Clerk later on in Kisan Inter College, Jawahar Nagar, Ghazipur. Petitioner's case in short is that since the institution in question is a minority institution, the Principal of the institution had the power to make appointment to a Class IV post and no approval of D.I.O.S. for such appointment was required. Further the controversy regarding the appointment of Ramji Singh the son of the deceased Ram Dev Singh exists no more due to the absorption of Ramji Singh on a Class 111 post in another college. Therefore, the D.I.O.S. has no right or power to withhold petitioner's salary. The case of the D.I.O.S. is that since the appointments of Bechan Ram and Jagdish Ram were approved on 3.10.88, no vacancy in Class IV post was in existence on 22.7.88, when the same was advertised and no appointment could be made prior to 3.10.88.
(3.) The other objection raised by the D.I.O.S. is that the petitioner was not enrolled in the office of District Employment Exchange and since the D.I.O.S. had also informed the college authorities to give appointment to the heir of deceased Ram Dev Singh, the vacancy could not be filled by direct recruitment.;