Suneet Kumar, J. - (1.) Heard learned counsel for the parties.
(2.) The batch of writ petitions are primarily raising challenge to the order dated 27 April 2010 passed by the fourth respondent-District Inspector of Schools, Ghaziabad (DIOS), whereby, absorption of the petitioners on Class-IV post in the intermediate institution has been cancelled. The petitions are being heard together, on consent, as it involves similar facts and law.
(3.) Mahanand Mission Harijan Viddyalaya Inter College is an institution duly recognized and in grant-in-aid of the State, which is governed by the Intermediate Act, 1921 (Intermediate Act) and Regulations framed thereunder. Petitioners claim to have been appointed on Class-IV post on 1 July 1996. Their appointment was approved by DIOS on 6 July 1996. It appears that on an audit objection, salary bill of the petitioners was stopped on 21 July 1998 for the reason that they were appointed beyond the sanctioned strength of Class IV post. Aggrieved, petitioners filed a petition bearing Writ Petition No. 35212 of 1998 (Devendra Kumar Sharma & 4 others vs. District Inspector of Schools, Ghaziabad & 3 others), which was disposed of on 13 November 1998 directing the DIOS to consider their representation and pass reasoned and speaking order thereon. Pursuant thereof, DIOS passed an order on 17 March 1999, wherein, it is noted that petitioners have been appointed beyond the sanctioned strength but on humanitarian ground their candidature may be considered for absorption as and when vacancies on Class IV post arise in the institution. Despite the said order of the DIOS, salary of the petitioners was not released. Aggrieved, they again approached this Court by filing a petition bearing Writ Petition No. 22161 of 2000 (Devendra Kumar Sharma & 4 others vs. Director of Education (Secondary), U.P., Allahabad & 5 others), wherein, an order came to be passed on 25 May 2000 directing DIOS to pay salary to the petitioners or to show cause within a month. Thereafter, DIOS passed an order on 22 April 2006, whereby, all the petitioners were absorbed/adjusted against substantive vacancies that fell vacant in the institution between 1 April 2002 to 1 June 2004. The tabular portion of the order is extracted:;