SUDHIR AGARWAL, J. - (1.) BOTH these writ petitions are connected involving common questions of facts and law and, therefore, as agreed and re­quested by learned Counsel for the parties, have been heard together and are being decided by this common judgement.
(2.) THE Writ Petition No. 34111 of 2006 (hereinafter referred to as the “first writ petition”) has been filed by Ram Niwas Singh (hereinafter referred to as the “First Petitioner”) aggrieved by the order dated 15.6.2006 passed by the District In­spector of Schools, Ghaziabad (hereinafter referred to as the “DIOS”) seeking a writ of certiorari for quashing the same. The Writ Petition No. 46974 of 2006 (hereinafter referred to as the “Second writ petition”) has been filed by Madan Pal Sharma (hereinafter referred to as the “Second Petitioner”) aggrieved by the order dated 15.6.2006 passed by DIOS whereby he has declined to grant approval to the appointment of second peti­tioner on the post of Assistant Clerk in Sri Nehru Bharti Sadan Inter College, Babugarh, District Ghaziabad (hereinafter referred to as the “College”). He has also sought a writ of mandamus commanding the respondents to approve his appointment as Assistant Clerk w.e.f. 1.7.1983 and to pay salary accordingly.
(3.) THE facts in brief, as set out in the first writ petition, are, that the first petitioner was appointed as Clerk in the College on 1.8.1979. However, he was terminated by the management vide order dated 7.5.1981 on the ground that he was unauthorisedly and without prior information to the Principal of the College, was absent from 16.4.1981 and despite information by registered letters dated 18.4.1981 and 28.4.1981 had not attended his duties. The said order of termina­tion was issued by the Manager of the Committee of Management of the College pursuant to the resolution dated 6.5.1981 passed by the Committee of Manage­ment. Aggrieved by the order dated 7.5.1981 the first petitioner approached DIOS who informed the Manager of the College vide letter dated 28,8.1981 that without his (DIOS) prior approval, a class-Ill employee cannot be terminated but subse­quently vide order dated 14.7.1982 approved termination of the petitioner. An ap­peal thereafter was preferred under Section 16 (g) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the “Act, 1921”) read with Regulations 31 and 44 of the Regulations framed under Act, 1921 before the Deputy Director of Education, Allahabad (hereinafter referred to as “DDE”) which was allowed vide order dated 4.5.1983 and it was declared that the first petitioner shall be deemed to have continued in service. The management of the College did not challenge appellate order before any appropriate forum but preferred Original Suit No. 478 of 1983 seeking an injunction restraining the first petitioner from entering the pre­mises of the College. The suit was dismissed by the trial Court on 18.3.1983 whereagainst Civil Appeal No. 82 of 1988 was filed before the District Judge, Mearut. The appeal came up for hearing before Vllth Additional District Judge, Meerut, who vide judgement dated 22.2.1992, allowed the appeal and setting aside judgement of the trial Court, remanded the matter to the trial Court for deciding original suit afresh. In the meantime, despite several letters sent by DIOS, directing management to permit the first petitioner to work in the College, he was not allowed to join duty and consequently his salary was also not paid. Ultimately, the DIOS vide order dated 24.1.1991 directed the first petitioner to record his daily attendance at Deewan Inter College, Hapur, District Ghaziabad and obtain certificate of attendance from the Principal so that his salary may be paid. Consequently, the first petitioner started attending duties at Hapur. It ap­pears that the second petitioner made a complaint to the State Government where­upon the State Government issued an order on 28.9.2003 directing Director of Education (Secondary), Allahabad to forthwith stop payment of salary to first petitioner, initiate disciplinary proceedings against the DDE for making illegal payment of salary and also to recover the payment already made to Sri Ram Niwas Singh, first petitioner either from him or from DDE concerned. Pursuant to the State Government's direction the Director of Education sent letter dated 23.11.2004 requiring the Regional Joint Director of Education, Meerut to proceed as perthe directions of the State Government. An order, in the result, was issued by the Joint Director of Education, Meerut on 10.1.2005 stopping payment of salary to Sri Ram Niwas Singh and also to recover the payment already made. The DIOS also issued similar direction to the Finance and Accounts Officer vide his order dated 25.1.2005. Aggrieved, the petitioner preferred Writ Petition No. 7485 of 2005 which was allowed by this Court vide judgement dated 28.11.2005 on the short ground that the impugned orders were issued without giving any opportunity of hearing to the petitioner. This Court, further, issued following directions: “Accordingly, the impugned orders dated 23.11.2004 and 25.1.2005 are quashed with liberty to the respondents to proceed in accordance with law. While proceeding to reconsider the matter, District Inspector of Schools shall examine as to whether he has power to attach the petitioner to some other Institution under Rules and Regulations. The petitioner is allowed and ac­cordingly disposed of.” ;