- (1.) WRIT petitioner-appellant, aggrieved by judgment and order dated 17. 03. 2009 passed by a learned Judge in Writ Petition No. 5800 of 1997, has preferred this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.
(2.) ACCORDING to writ petitioner-appellant, the Committee of Management of Aadarsh Inter College, Siwan Kala in District Ballia resolved to appoint the writ petitioner-appellant (hereinafter referred to as the ''petitioner') as Assistant Teacher in L. T. Grade against short-term vacancy. The resolution of the Committee of Management was sent to the District Inspector of Schools, Ballia (hereinafter referred to as the ''dios') on 25. 01. 1992 and he submitted his joining on 03. 02. 1992. According to petitioner, approval was accorded to his appointment by the DIOS by order dated 20. 10. 1994. However by order dated 28. 09. 1995, DIOS sought certain information and ultimately the petitioner was denied the salary. Petitioner challenged the aforesaid order in the writ petition, which has given rise to the impugned order.
(3.) IT was contended before the learned Judge that as the DIOS had granted approval by order dated 20. 10. 1994, there was no justification to deny the salary to the petitioner. Said contention has been rejected by the learned Judge, inter-alia, observing as follows:- ". . . several teachers were getting salary under forged or illegal orders hence comprehensive enquiry was made and thereupon it was found that petitioner was getting salary in an utterly illegal manner. Copy of the report regarding illegal payment to different teachers in different schools of District Ballia has been annexed as Annexure C. A.-3. Petitioner's name is at Sl. No. 106. The list is quite alarming, it contains 274 names. ";