Sudhir Agarwal, J. - (1.) Heard learned counsels for parties and perused the record.
(2.) The writ petition is directed against the order dated 08.09.1995 passed by District Inspector of Schools, Jaunpur (hereinafter referred to as "DIOS") stopping payment of salary to Teachers for whom approval was granted by the then DIOS, Kumari Premlata Mehrotra. The aforesaid order was issued by DIOS pursuant to Additional Director of Education, U.P., Lucknow's letter dated 06.09.1995. Learned Standing Counsel, when questioned, could not tell as to what happened to the alleged enquiry sought to be made by Additional Director of Education.
(3.) In the present case, B.D. Intermediate College, Maniha, Govindpur, District Jaunpur is a secondary education institution governed by provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act, 1921"). For the purpose of payment of salary, it is governed by U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "Act, 1971") and for the purpose of recruitment of teaching staff of the college, it is governed by the provisions of Act, 1982. The case set up by petitioners is that two Assistant Teacher in L.T. Grade, namely Arun Kumar shukla and Ashok Kumar Mishra were promoted on ad-hoc basis as Lecturer causing short term vacancies on the post of Assistant Teacher in L.T. Grade. Committee of Management furnished notification of the said vacancies to DIOS and thereafter proceeded to make ad-hoc appointment following procedure prescribed in U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as "Second Order"). The vacancy was intimated to respondent-5 by Committee of Management and thereafter notified to the Notice Board and published in Newspaper "Tarun Mitra" on 04.08.1994. Selection Committee held the selection and submitted report on 16.12.1994 which was accepted by Committee of Management and thereafter documents were forwarded to DIOS. Approval was granted vide order dated 14.07.1995, copy whereof has been placed on record as Annexure-III to writ petition and thereafter petitioners were appointed vide letter dated 16.07.1995. Subsequently their salary has been stopped by impugned order dated 08.09.1995.;