Ajit Kumar, J. - (1.) This intra court appeal is directed against the judgment and order dated 05.10.2018 passed in Writ A. No. 27410 of 2004 whereunder the learned single judge has rejected the claim of the petitioner qua his appointment as head master in the institution namely Junior High School Hunespur Baudia, Azamgarh being run and managed by the fourth respondent.
(2.) Briefly stated the facts are that the petitioner applied against advertisement published by the fourth respondent for the post of head master in the institution. The selection committee was convened and the petitioner faced the selection committee and was adjudged to the best candidate and accordingly was selected. The papers were forwarded to the District Basic Education Officer Azamgarh for necessary approval in respect of the selection made of the petitioner and the District Basic Education Officer vide order dated 23.08.2003 accorded the approval to the selection of the petitioner. As a sequal to the same, the appointment letter was issued to him on 10.09.2003 by the forth respondent while the petitioner submitted his joining in pursuance of the appointment letter, some complaint was made by a teacher of the institution to the authorities that the petitioner did not possess Basic training qualification for appointment to the post of Head Master. While the complainant not only made a complaint but also filed a writ petition before this Court bearing No 20690 of 2002 seeking promotion against the vacancy on which the petitioner had been appointed. The said writ petition was rendered infractuous in view of the order passed in another writ petition No.3173 of 2004 filed by the same Ram Chander Singh directing the concerned respondents to look into the grievances of that petitioner. Thereafter the present petitioner/appellant was not being paid salary and so filed a writ petition being No.20182 of 2004 before this Court which was disposed of vide order dated 24.4.2004 with a direction to the District Basic Education Officer to consider the claim of the petitioner including his educational qualification which was also being questioned by the said Ram Chander Singh. In the backdrop of the above direction issued by this Court, a fact finding inquiry was conducted by the District Basic Education Officer and after giving full opportunity of hearing to all the parties concerned it was concluded that the petitioner/appellant did not possess the requisite qualification for being appointed as Head Master in a recognized junior high school under the 1978 Rules.
(3.) Having considered thus, by the order dated 27.06.2004, the District Basic Education Officer also recalled his earlier order of the approval granted to the selection of the petitioner/appellant dated 23.08.2003. This order came to be challenged in the writ petition No.27410 of 2004 out which the present appeal arises. While continuance of the petitioner was protected by the learned single judge in its order dated 28.07.2004 and the question of payment of salary and the direction in that regard was deferred to be considered on the next date. However, thereafter no further order was passed regarding payment of salary to the petitioner/appellant. The petitioner continued under the interim order of this Court in the writ petition.;