Siddharth, J. - (1.) Heard Sri Ashutosh Tripathi holding brief of Sri ,Daya Shanker M. Tripathi, learned Counsel for the petitioner and Sri Girish Kumar Srivastava, learned Counsel for the respondents.
(2.) The petitioner has filed above noted writ petition, praying for quashing of the order dated 20.04.1998, passed by the District Inspector of Schools, Varanasi, respondent no.2 and the direction to the respondents to pay the arrears of salary of the petitioner from August,1986 till date with all allowance and other retiral benefits, after retirement from service on 30.06.1997.
(3.) The petitioner's case is that he was initially appointed as Assistant Teacher in 1966 in Jay Narayan Inter College, Varanasi a recognized institution under grant in aid from the State of U.P., on 23.03.1976. A substantive vacancy arose on the post of Lecturer Economics in the Institution and the petitioner was duly appointed on the same and thereafter regularized in service as per Section 16-GG of the U.P. Intermediate Education Act. Pursuant to retirement of the Principal of the Institution on 30.06.1986, the petitioner was appointed as officiating Principal and thereafter on account of financial irregularities in the Institution an authorized controller was appointed, who started interfering in the working of the petitioner and the petitioner was compelled to institute a Civil Suit against him. From August, 1986, the petitioner was not allowed to work in the Institution and he represented before the authorized controller and then approached this Hon'ble Court by way of C.M.W.P. No.17806 of 1997, praying that he has been dislodged from the post of officiating principal and now is going to retire on 30.06.1997 and therefore, his retiral benefits and arrears of salary may be paid to him as early as possible. The aforesaid writ was disposed of by the direction dated 26.05.1997, directing the petitioner to represent his case before the D.I.O.S., Varanasi, who has directed to take decision thereon within a period of 4 months from the date of production of the certified copy of the order.;