Bala Krishna Narayana, J. - (1.) Heard Sri Radha Kant Ojha, Senior Advocate for the appellant and learned Standing Counsel for the State respondents.
(2.) This special appeal has been preferred by the appellant-Madhurandra Mishra against the judgment and order dated 12.4.2007 passed by Learned Single Judge of this Court dismissing Civil Misc. Writ Petition No. 13742 of 2007 (Madhurandra Mishra Vs. State of U.P. and others).
(3.) Upon perusal of the impugned judgment and order and the material brought on record, it appears that the appellant was appointed under Section 18-kha of U.P. Secondary Education Services Selection Board Act, 1982 (U.P. Act No. V of 1982) on 9.9.1990 by the Committee of Management on a substantive vacancy of Lecturer in History in Madan Mohan Malviya Inter College, Bhatpa Rani, District Deoria (hereinafter referred to as the "college"). The appellant claims that although, he had started working on the post of Lecturer in History in the college since 9.9.1990 but no salary was being paid to him on which he preferred Civil Misc. Writ Petition No. 13742 of 2007 before this Court and this Court on 19.2.1991 passed an order in the aforesaid writ petition directing the D.I.O.S. to pay salary to the appellant till regularly selected candidate from the Board joins. In the meantime, one Ramendra Mani Tripathi who was working as Assistant Teacher in L.T. Grade in the college filed an impleadment application in the aforesaid writ petition along with counter affidavit mentioning therein that the post on which the appellant had been appointed was liable to be filled up by way of promotion. This Court accepted the contention of Ramendra Mani Tripathi and vacated the interim order on 12.7.1994 and thereafter no salary was paid to the appellant. The Civil Misc. Writ Petition No. 4649 of 1991 was dismissed on 21.2.2000 with liberty to the appellant to approach the Director of Education. The appellant represented the matter and during the pendency of the representation U.P. Secondary Service Selection Board, Allahabad selected the appellant for being appointed as Lecturer in History in Heera Lal Ram Niwas Inter College but due to non availability of the post of Lecturer in the college, the appellant could not join and since then he had been working as Ad-hoc Lecturer in History in the college. He approached the Selection Board and informed the Board about his working as Ad-hoc Lecturer in History in the college and the availability of the post of Lecturer in History in the college and requested for adjustment in the college against the aforesaid vacancy. The D.I.O.S. by order dated 7.7.2005 adjusted the appellant against the post of Lecturer in History in the college and directed the Committee of Management of the college to issue appointment letter to the appellant. The appellant approached the Committee of Management of the college on 21.7.2005 seeking permission to join as selected candidate by the Selection Board on the post of Lecturer in History, the manager of the college issued appointment letter dated 1.8.2005 in pursuance of the order of D.I.O.S., Deoria and the appellant joined his duty on 2.8.2005 as selected candidate on the post of Lecturer in History and started getting salary attached to the said post. An order was passed by Director of Education on 25.11.2005 holding that the petitioner was not entitled to receive any salary from 2.1.1995 to 6.1.2001. The aforesaid order was challenged by the petitioner by filing Civil Misc. Writ Petition No. 13742 of 2007 with the prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 25.11.2005 passed by Director of Education and for issuing a writ in the nature of mandamus directing the respondents to pay the arrears of his salary for the period between 2.1.1995 to 6.1.2001 and to provide all the emoluments attached to the post of History-Lecturer to the appellant on the basis of his appointment and joining dated 13.9.1990 and further directing the respondents to regularize the services of the appellant.;