S.U.Khan, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition was dismissed on 23.07.2003 as infructuous on the ground that petitioner had already retired. Against the said order petitioner filed special appeal no.533 of 2003. Appeal was allowed and order of dismissal of writ petition was set aside and writ petition was restored and directed to be decided in respect of prayer of the petitioner for payment of salary from 01.04.1980 to 30.10.1989. In this writ petition on 01.11.1989 an interim order was passed for payment of salary till further orders. Petitioner retired in 2001 (Admittedly since 01.11.1989 till his retirement, petitioner got the salary). Petitioner was headmaster in Sardar Patel Higher Secondary School Bairi/Akbarpur, Kalyanpur District Kanpur Nagar. Initially the school was uptil Junior High School level. In prayer ''a' of the writ petition it was prayed that respondents 2 and 3, D.I.O.S. and Manager of the school be directed to pay salary to the petitioner from September 1983. However, through amendment application it was prayed that due to inadvertence the said period was mentioned while in fact petitioner had not been paid salary from April 1981. Amendment application dated 18.03.1996 has been allowed.
(3.) THE facts of the case as disclosed in the writ petition are that petitioner was appointed as Assistant teacher in the school in the year 1970 when it was Junior High School and he was appointed as headmaster in the year 1971, that in the year 1980 institution was upgraded to the High School and petitioner was appointed as acting headmaster of the High School. It has further been stated that in the year 1980 a raging dispute of management arose in between two committees, one known by the name of Shiksha Samiti Sardar Patel H.S. School and the other by the name of Sardar Patel Trust (para4). It has further been stated that lot of litigation took place in between the two committees and they also filed representations before Education authorities. It has further been stated in para 10 of the writ petition that petitioner is on good terms with one of the two rival management committees i.e. Shiksha Samiti hence the other committee appointed Sri Chhattra Pal Kanaujia as headmaster and petitioner was also charge sheeted by the same committee. THEreafter it is stated in para 11 of the writ petition that the management friendly to the petitioner i.e. Shiksha Samiti filed O.S. no.137 of 1986 for permanent injunction restraining the rival committee from removing the petitioner as acting headmaster and an interim injunction was granted in the said suit. It is alleged that on 03.03.1984 D.I.O.S. also passed some orders for payment of salary to several emloyees of the school in question including the petitioner. It is alleged in para 13 that in pursuance of the said order petitioner for the first time made representation for payment of salary on 30.06.1987 asking for salary from April 1980. In the amendment application it has been stated that the school was brought on grant-in-aid list w.e.f. 01.04.1991.;