RAKESH TIWARI, J. - (1.) HEARD counsel for the parties and perused the record.
(2.) THE petitioner was appointed as Clerk in Junior High School Lokmanpur, District Allahabad on 1st July, 1977. The said institution is run by a Society which had initially started the Junior High School in village Lakmanpur, District Allahabad. It was granted permanent recognition with effect from July, 1974 by letter dated 10th July, 1976 of the Deputy Director of Education V Region, Allahabad. The Committee of Management of the aforesaid Junior High School sought approval of the Basic Shiksha Adhikari for appointment of the petitioner which was approved from the date of his appointment i.e. 1st July, 1977. The aforesaid Junior High School was upgraded to the level of High School which was then recognized by the Board of High School and Intermediate Education under the provisions of Section 7-A of the U.P Intermediate Education Act, 1921. The post of Clerk was also sanctioned by the Directorate of Education, Allahabad vide his order dated 22nd September, 1990. The institution was taken in grants-in-aid list and as such the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 became applicable w.e.f. 1st April, 1991. It is claimed that as a consequence the petitioner who was a permanent clerk working in the Junior High School since Ist July, 1977 automatically became permanent clerk w.e.f. 23rd December, 1981 of Sarvodaya Shiksha Sadan Uchchatar Madhyamik Vidyalaya, Lokmanpur, District Allahabad, according to Regulation 4 read with Regulation 100 of Chapter II of the U.P. Intermediate Education Act as the petitioner possessed the necessary qualification for appointment as clerk in the Intermediate College, he was regularly paid his salary by the Committee of Management from the date of his appointment dated 1st July, 1977 till 31st March, 1991.
(3.) THE grievance of the petitioner is that the Committee of Management has submitted his salary bill to the DIOS, Allahabad from Ist April, 1991 regularly but his salary was not paid, rather a notice was sent by the DIOS on 11th June, 1992 to the Committee of Management to show cause as to why the appointment of the petitioner as Clerk in the Junior High School may not be treated as invalid on the ground that he happened to be the nephew of the Manager of the institution. This letter was sent under the Basic Shiksha Sanhita in which there was restraint on the appointment of the relative of the Manager of the institution. Copy of the notice etc. was not served upon the petitioner. However, the Committee of Management sent a reply of the aforesaid letter of the DIOS on 20th October, 1992, which has been appended as Annexure-VIII to the writ petition.;