SUDHIR AGARWAL,J. - (1.) THESE are two connected writ petitioners arising out of the common order dated 4.10.2007 passed by the Additional Director of Education (Secondary), U.P. at Allahabad (hereinafter referred to as 'ADE') deciding representation of Satya Dev Tripathi, petitioner in writ petition No. 58631 of 2007 (hereinafter referred to as 'writ petition-first set') and respondent No. 5 in writ petition No. 56353 of 2007 (hereinafter referred to as 'writ petition-second set').
(2.) LEARNED counsels for the parties have requested and agreed that this writ petition may be heard and decided finally at this stage under the Rules of the Court since pleadings are complete. Hence, this Court proceed to decide the matter as under. Instead of giving unnecessary details, suffice is to mention brief facts so as to give a bird eye view of the matter. Sri Satya Dev Tripathi (hereinafter referred to as the 'concerned teacher') was appointed as Assistant Teacher in Sri Murlidhar Sanskrit Pathshala, Andiar, Jaunpur (hereinafter referred to as 'College') in 1982. The College is recognized and affiliated to Sampurnanand Sanskrit University, Varanasi (hereinafter referred to as 'the Sanskrit University'), and, being aided, the salary of its staff is being paid from the State exchequer. The appointment of the concerned teacher was approved by the Registrar of the Sanskrit University on 11.4.1982. It is said that in 1987, the post of Principal fell vacant due to resignation of its holder, one Sri Raj Nath Dubey. The concerned teacher claimed that the resignee Principal handed over charge of the office of Principal to him. It is claimed that there was some dispute between the Management and one Sri Brahma Dev Tripathi, the real brother of the concerned teacher was got the charge of the office of Manager replacing one Sri Padmakar Tripathi with the help of the president of the Committee of Management. Sri Padmakar Tripathi obtained an order in his favour from Civil Court in Civil Suit No. 388 of 1986 pursuant whereto the Vice-Chancellor, Sanskrit University passed an order on 24.4.1987 resulting in revival of Padmakar Tripathi to the office of Manager displacing Brahma Dev Tripathi, the real brother of the concerned teacher. It is alleged that Sri Padmakar Tripathi, consequently, took away the charge of Principal from the concerned teacher and handed over the same to one Sri Satya Narayan Pandey. The dispute again came to be resolved by the Vice Chancellor, Sanskrit University and vide order dated 24.8.1988, he directed the Management to revoke illegal appointment of Satya Dev Pandey on the post of Principal and take steps for regular appointment on the said post and till than hand over the charge of the office of Principal to the senior most teacher. He also directed the Management to permit the concerned teacher of the College to work since the charges levelled against him were not proved and he is a teacher apprived by the University. It is said that the order dated 24.8.1988 attained finality as it was not challenged by anyone before any appropriate Forum. However, Sri Satya Narayan Pandey filed writ petition No. 26635 of 1990 seeking a mandamus directing the respondents arrayed therein to pay his salary with effect from December' 1989. In the said writ petition, an ex parte interim order dated 22.10.1990 was passed to the following effect: "List for admission. Respondents are directed to pay the salary to the petitioner on the post of Principal with effect from December 1989 till the disposal of the writ petition provided he function and discharge his duties as Principal during this period."
(3.) IT is said that in the aforesaid writ petition neither the concerned teacher was impleaded nor even the University was impleaded and the Management being in collusion with the said petitioner chose not to file any counter affidavit. The order dated 24.8.1988 passed by the Vice-Chancellor of the Sanskrit University was also not brought to the notice of this Court. It further transpires that one Sri Subhash Chandra Upadhya also filed Writ Petition No. 23451 of 1990 and pursuant to an interim order therein, he was getting salary. Later on, the concerned teacher got himself impleaded in the Writ Petition No. 26635 of 1990. The Sanskrit University also filed counter affidavits therein and ultimately the stay order was vacated by this Court on 8.11.2004 whereafter Sri Satya Narayan Pandey chose to withdraw the aforesaid writ petition and it was dismissed as withdrawn on 8.7.2005.;