Rakesh Sharma,J. - (1.) HEARD Sri Indra Raj Singh, learned counsel for the petitioner and learned Standing Counsel for respondents No.1,2&3. The petitioner has assailed an order of Director of Education (Secondary), U.P. Lucknow issued on 23.3.06 in response to a Government order dated 24.5.06 declining to allow the payment of salary to the petitioner on the ground that the petitioner's initial appointment was irregular. It emerges from the record that the post of L.T. Grade Science teacher was created in the concerned institution, that is, Janta Inter College, Khaparaha, Jaunpur. Against the said L.T. Grade teacher one Sri Shiv Shanker Tiwari was allowed ad hoc promotion. Later on this appointment was approved by the D.I.O.S. vide order dated 24.7.95. A short term vacancy of L.T. grade teacher became available in the institution in August 1995. Vide order dated 18.9.95, the D.I.O.S. granted approval to the Management to fill up the short term vacancy of Science teacher. Advertisements were inserted in the local newspaper. The petitioner who was M.Sc. B.Ed. having all the requisite qualifications for L.T. grade teacher had also responded . After the process of selection and other formalities, he was appointed as Assistant teacher on 2.8.96. The petitioner joined the post of Assistant teacher on 14.8.96 and since then continued to work in the said capacity and imparting instruction to the students in Science subject. When the petitioner despite submitting representation did not receive his salary, he approached this Court by filing writ petition No.858 of 2001 in which directions were issued to D.I.O.S., Jaunpur to consider the case of the petitioner for according financial approval and passing necessary appropriate orders. The D.I.O.S., Jaunpur carried out the detail exercise and passed an order on 14.5.2001. The D.I.O.S., Jaunpur had granted financial approval to the appointment of the petitioner as L.T. grade teacher. It is noteworthy that C.T. Grade was already declared a dead cadre and incumbents were absorbed as L.T. grade teacher. The D.I.O.S., Jaunpur wrote a letter to State Government on 18.8.03 but nothing was heard for a long time. However, ultimately vide government order dated 24.5.05, the State Government issued a letter to the Director of Education and sought its report. Vide order dated 23.3.2006 impugned in this writ petition, the respondent has submitted a report to the State Government indicating therein that the appointment of the petitioner made on 2.8.96 was irregular. Learned counsel for the petitioner has submitted that he has been working for the last more than 12-1/2 years. A formal approval was granted by the D.I.O.S., Jaunpur to the appointment of petitioner vide its order dated 14.5.01. The whole exercise was carried out by the D.I.O.S. in furtherance of the judgment and order passed by this Court in writ petition No.858 of 2001 decided on 10.1.01. Learned Standing Counsel has resisted the writ petition on various grounds. It has been pleaded in the counter affidavit that the petitioner's initial appointment was irregular. Moreover the respondents have gone to the extent of challenging the appointment of Shiv Shanker Tiwari against whose vacancy the petitioner was appointed. The payment of salary to such teachers are made in accordance with the provisions of Madhyamik Shiksha Adhiniyam, 1921, U.P. Madhyamik Shiksha Seva Ayog Evam Chayan Board Adhiniyam, 1982 and Vetan Vitran Adhiniyam, 1971 . The Management had converted the C.T. grade to L.T. grade illegally (vide para 5 of the counter affidavit). At this juncture, learned counsel for the petitioner reacted and submitted that the C.T. cadre has already been declared as dead cadre and candidates working in C.T. grade has been given L.T. grade , i.e. 20 years ago, i.e. in the year 1989 and this event is known to everyone who is in educational field. I have heard learned counsel for the petitioner and perused the record. The D.I.O.S. in furtherance of judgment and order passed by this Court on 10.1.01 had carried out a detail exercise in disposing of the representation submitted by the petitioner and concluding the controversy based on facts and law. The analysis portion of the order with the heading Samiksha is quoted below turk ....Vernacular Text Ommited.... It appears that the Director of Education and the State Government had ignored the chronology of events and issues raised before the D.I.O.S. The order passed by the D.I.O.S. on 14.5.01 is still operative and is in vogue. Neither the State Government nor the Director has set aside the order passed by the D.I.O.S. It has been passed in compliance of this Court's order. When the D.I.O.S. was relegated to settle the controversy after hearing the parties, it was open to the Director of Education or other concerned authority to enter the arena. The facts as have been indicated in the writ petition cannot be ignored. A science teacher was required in the institution in the year 1996 after following detailed exercise required for making direct recruitment, the petitioner was appointed as an Assistant Teacher on 2.8.96. He has been continuously working for the last 12-1/2. The Hon'ble High Court has relegated the D.I.O.S. to look into the matter set at rest the controversy. The Director of Education (Secondary) has not taken into account the analysis portion recorded in the order dated 14.5.01, rather the case has been viewed from a different angle. The Director of Education has gone to the extent that the petitioner's predecessor Sri Shiv Shanker Tiwari's promotion or appointment itself was illegal after declaring the C.T. grade as dead cadre and a candidate can be appointed in L.T. grade or an incumbent working in C.T. grade shall be accommodated as L.T. grade teacher. The superior authorities cannot be permitted to take out skeletons from the graveyard. The appropriate authority cannot ignore that the teacher has already put in more than 12-1/2 years in the institution imparting the instructions in science to the students. His induction to service appears to be legal as admittedly the vacancy was admissible and due procedure of recruitment and procedure for direct recruitment was followed by the authorities. It is admitted to both the contesting parties that no candidate duly selected by Chayan Board allocated to the concerned institution has been appointed. Since the petitioner has discharged duties, functions and responsibilities of the post of Assistant Teacher since 14.8.96, he is entitled for payment of salary. Accordingly, the writ petition is allowed. The order of D.I.O.S. Jaunpur dated 23.3.06 is quashed. The order of D.I.O.S. Jaunpur dated 14.5.01 shall be implemented and all the consequences shall follow.;