Dilip Gupta, J. - (1.) 1. Heard Dr. Y.K. Srivastava, learned Standing Counsel for the appellants and Mr. P.K. Jain, learned counsel appearing for respondent no.1.
(2.) THE respondents-appellants aggrieved by order dated 15th December, 2003 passed by a learned Single Judge have preferred this special appeal under the Rules of Court. The short facts giving rise to this special appeal are that respondent no.1-Shiv Dutt Sharma filed a writ petition for quashing the order dated 13.7.1983 of the Director of Education and the consequential order dated 18.8.1983 of the District Inspector of Schools, Mathura, whereby he was declined the payment of salary in the Lecturer's Grade. He also prayed for quashing of the consequential order dated 9.9.1983 of the Principal, Akroor Inter College, Mathura, denying payment of salary in the Lecturer's Grade from 17.7.1972. Respondent no.1-Shiv Dutt Sharma was appointed as a Lecturer in Sanskrit by order dated 16.7.1972 in the scale of pay of Rs.215-550 plus usual Dearness Allowance and other Allowances. The approval to his appointment was granted by the District Inspector of School by communication dated 24.2.1973. Besides, respondent no.1's approval by the said communication, approval to the appointment of other persons was also granted. In the light of the aforesaid appointment, respondent no.1 was given the salary of a Lecturer. It seems that later on, the scale of pay of the Lecturer was revised and his entitlement to receive the revised pay scale of Lecturer came to be examined by the Director of Education. The Director by communication dated 13.7.1983 observed that respondent no.1 possesses the qualification of Shastri and, therefore, he shall not be entitled to the Lecturer's scale of pay. In the light of the aforesaid order of the Director, the District Inspector of School issued consequential order dated 18.8.1983 and the Principal of the Inter College where respondent no.1 was working also issued the order dated 9.9.1983.
(3.) RESPONDENT no.1 challenged the aforesaid orders before this Court and on consideration of the submission and the materials available on record, the learned Single Judge allowed the writ application and while doing so observed as follows:- "I have heard learned counsel for the parties. I find that the petitioner according to possession of Shastri degree duly were not being paid lecturer scale and by chance some provision and policy the petitioner's earlier benefit cannot withdrawn and the legitimate expectation cannot be declined without any reason or justification. In these circumstances, the stand of the respondents are illegal and petitioner is entitled to be given salary in lecturer grade. His official appointment is entitled to be given lecturer in the categories scale from time to time and mandamus is issued to the respondents to fix salary and make a payment accordingly within four months from rendering certified copy of this order. The writ petition is allowed with above observations. No order as to costs." Aggrieved by the same, the appellants preferred this special appeal. The special appeal was heard by a Division Bench of this Court and by an order dated 26.7.2006, the judgment and order of the learned Single Judge was set aside primarily on the ground that the writ petition was not maintainable as respondent no.1 had not impleaded the State Government as a party in the writ petition.;