Siddharth, J. - (1.) Heard Sri Nagendra Kumar Tripathi, learned Counsel for the petitioner and Sri R.B. Yadav, learned Counsel for the respondents.
(2.) The petitioner had filed the above noted writ petition, praying for a direction to the respondents to pay his salary. Further prayer was made, praying for a direction to the respondents to allow the petitioner selection grade with effect from May, 1991.
(3.) The brief facts of the petition are that the Sri Pyare Lal Shastri Junior High School, Jajau, Fatehpursikri, Agra, is a recognized and aided institution imparting education upto Junior High School level. The petitioner was appointed as an Assistant Teacher in the aforesaid Institution on 18.09.1972, when he was untrained. Subsequently, with the permission of the Management, he completed B.T.C. Training in 1983 and w.e.f., 01.07.1985, he was given grade of trained teacher. In 1989, pursuant to suspension of the Head Master of the Institution, the petitioner was appointed as officiating Head Master of the Institution, but he was not given charge of the office by the suspended Head Master nor allowed to sign the attendance register. On his application to the Manager, he was permitted to mark his attendance in a new register. In September, 1990, one Rajan Singh became Manager of the Institution on the basis of some interim order, passed by the High Court and the salary of the petitioner for July and August 1990 was not paid on the ground of absence from duty, thereafter salary upto February,1991 was not paid to him. In March, 1991, Sri Rajan Singh was removed from the post of Manager and his salary for the month of March & April, 1991, were paid and he was also granted selection grade. In October, 1991 an authorized controller was appointed in the Institution and the Principal of the Institution got the salary of the petitioner re-fixed and he was denied selection grade. His salary for November, 1991 was also not paid. In March, 1992, the petitioner was paid salary for the months of December, 1991 and January and February, 1992, but he was not paid the selection grade. Again his salary for the months of March, 1992 to March, 1993 were not paid. From 16.03.1993 to October, 1993, the petitioner was paid salary for the grade which was given to the Assistant Teachers, prior to 1986. Despite, various representations when his arrears of salary and selection grade was not paid, the petitioner filed this writ petition.;