Siddharth, J. - (1.) Heard Sri Jai Singh Yadav, learned Counsel for the petitioner and Sri S.K. Singh and Sri Sanjay Chaturvedi and Shri Vineet Kumar Singh, learned Counsels for the respondents.
(2.) The petitioner has filed the present writ petition, praying for a direction to the respondents to include he name of the petitioner as Clerk in the Manager's Return for transmission to the State Government at the time of taking of the Institution in grant-in-aid list. Further prayer has been made for commanding the respondents not to interfere in his functioning on the post of Clerk and pay his salary regularly. By way of amendment the prayer for quashing of the order dated 26.05.1998, passed by respondent no.2, Basic Shiksha Adhikari, Balia, has also been incorporated.
(3.) The brief facts of the case are that the petitioner was appointed on the post of Clerk by the appointment letter dated 01.07.1978 in Dr. Lohia Senior Basic Vidyalaya, a recognized and unaided institution and approval was granted to his appointment by the order dated 08.03.1984 by the respondent no.2, Basic Shiksha Adhikari, Balia. On 07.03.1998 and 19.03.1998, the petitioner made representations before the respondent no.2 and the District Magistrate, Balia, respectively, stating that the Institution is being included in the grant-in-aid list, but the Manager and Principal of the Institution are not sending his name in the managerial return and name of some other person is being sent when he is working on the post of Clerk. No action was taken on his representations and therefore he approached this Court by way of above noted writ petition.;