Sudhir Agarwal, J. - (1.) BOTH these matters involve common questions of law and facts and, therefore, as agreed by learned counsel for the parties have been heard together and are being decided by this common judgement.
(2.) THESE intra-Court appeals under the Rules of the Court have been preferred by the Committee of Management, Mahila Udyog Mandir Junior High School, Uncha Mandi, Allahabad (hereinafter referred to as the "School") through its Manager, Sri Akhilesh Kumar Mishra assailing the judgement dated 10.11.2005 of the Hon'ble Single Judge whereby it has disposed of the Writ Petition No. 51322 of 2000 filed by respondents no. 6 to 8 in Special Appeal No. 1461 of 2005 (hereinafter referred to as the "leading appeal") and Writ Petition No. 51985 of 2000 filed by respondent no. 6 in Special Appeal No. 12 of 2007. The facts in brief giving rise to the present dispute are that the School is a recognised junior high school by the Board of Basic Education (in short "the Board") under the U.P. Basic Education Act, 1972 (hereinafter referred to as "1972 Act") and is also getting grant in aid from the State, hence, the liability of payment of salary is with the State Government under the provisions of U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as the "Payment of Salaries Act, 1978"). The recruitment and conditions of service of teachers in the School are governed by the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the "Recruitment Rules, 1978"). Sri Akhilesh Kumar Mishra has claimed that he is continuously holding the office of Manager of the Committee of Management of the School since 06.09.1992. However, one Sri Surendra Kumar Dhawan claiming himself to be the Manager of the Committee of Management published an advertisement on 22.04.1999 inviting applications for appointment of three Assistant Teachers in senior basic classes and one Assistant Teacher in junior basic classes. Sri Akhilesh Kumar Mishra on getting information about the aforesaid advertisement got another news published in daily newspaper "Amar Ujala" dated 24.04.1999 that the aforesaid advertisement of 22.04.1999 is illegal and without basis since there is a dispute of management in the School and, therefore, the applicants should be cautious and not get trapped. He also said to have informed the Additional Director of Education (Basic) U.P. Allahabad pursuant whereto on 01.05.1999 the Additional Director of Education (Basic) said to have issued a letter addressed to Regional Assistant Director of Education (Basic), Allahabad requiring it not to make any appointment in the School due to the management dispute. Similar information was also communicated to the Board pursuant whereto Secretary of the Board said to have issued a letter on 04.05.1999 informing the District Basic Education Officer, Allahabad (hereinafter referred to as the "DBEO") to ensure that no appointment is made in the School till the management dispute of the institution is resolved. To the same effect another letter was issued by the Director of Education (Basic) U.P., Allahabad on 24.05.1999 which was also addressed to DBEO. It is also said that the DBEO vide his letter dated 16.06.1999 informed the Additional Director of Education (Basic), Allahabad that no action has been taken from his office giving permission to the School for making appointment and moreover the appointment has been stayed by his office also. It also appears that Sri Akhilesh Kumar Mishra filed Writ Petition No. 20786 of 1997 and Sri Surendra Kumar Dhawan filed Writ Petition No. 36395 of 1997 in respect to the management dispute. The writ petition of Sri Surendra Kumar Dhawan was disposed of by the Hon'ble Single Judge vide judgement dated 15.03.2000 directing the parties to appear before the Regional Director of Education who was required to pass a reasoned order in accordance with law in respect to the management dispute which would be subject to the original suit pending in the civil court.
(3.) IN the meantime it appears that on 23.06.2000 the Regional Assistant Director of Education (Basic) passed order recognising Sri Akhilesh Kumar Mishra as Manager. Writ Petition No. 29761 of 2000 was filed challenging the aforesaid order dated 23.06.2000 which is pending before this Court. However, we are not concerned in this case with the management dispute and for the purpose of present case suffice it to mention that respondents no. 6 to 9 in leading appeal were selected for appointment to the post of Assistant Teacher in the School in 1999 pursuant to advertisement dated 22.04.1999 and their selection was approved by the DBEO vide letter dated 12.05.2000 and pursuant thereto the appointment letters were issued under the signatures of Sri Surendra Kumar Dhawan as Manager of the School on 13.05.2000 appointing respondents no. 6 to 9 in leading appeal on the post of Assistant Teacher in the School. The aforesaid respondents joined the institution and their salary bills were also prepared by the management but the salary was not paid. The Deputy Director of Education acting on behalf of Director of Education (Basic) issued a letter on 28.09.2000 directing the DBEO to cancel appointments made during the period when there was a management dispute in the School but four Assistant Teachers were appointed and inform the Director about the authority concerned responsible for such action.;