Neeraj Tiwari, J. - (1.) Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Amit Kumar Srivastava, learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 4 and Sri Rajesh Kumar, learned counsel for respondent No. 5.
(2.) Submission of learned Senior Counsel for the petitioner is that there is one institution namely Sri Swami Sarwanand Uchchatar Madhyamik Vidhyalaya, Nagla Chandra Hans, Firozabad (hereinafter referred to as the 'Vidyalaya') recognised under the provisions of Intermediate Education Act. Vidyalaya is receiving grant-in-aid upto High School and the Payment of Salaries of (Teachers and other Employees) Act, 1971 is also applicable. It is submitted that one Vishnu Dutt Sharma, who was L.T. Grade teacher, retired on 30.06.1991, as a result of which, substantive vacancy of L.T. Grade came into existence. Vacancy of L.T. Grade teacher was notified and after selection having been made, appointment letter was issued to the petitioner on 02.09.1991 and he was permitted to join on 11.09.1991. Thereafter, the committee of management has forwarded the papers of the petitioner for grant of financial approval on 15.09.1991, but financial approval was not granted. Petitioner had no option but to file Writ Petition No. 5966 of 1992, in which interim order dated 20.02.1992 was passed in his favour and ultimately petition was finally decided vide judgment and order dated 1.5.1992 by which court has directed to pass order regarding payment of salary . In compliance of order of Court dated 01.05.1992, District Inspector of Schools (hereinafter referred to as the 'D.I.O.S.'). has granted financial approval vide detailed order dated 30.02.1992 and thereafter petitioner started getting salary from month to month basis.
(3.) Learned Senior Counsel further submitted that petitioner was working w.e.f. 11.02.1992, therefore, he was entitled for consideration of regularisation under section 33 of U.P. Secondary Services Selection Board 1982, therefore, he has filed Writ Petition No. 31923 of 2005, which was decided by this Court vide order dated 25.04.2005 directing the D.I.O.S. to transmit the entire papers to the Committee constituted under Act No. 5 of 1982 for the purpose of regularisation. After that, petitioner submitted a representation supplying documents regarding his appointment to D.I.O.S. to forward the same to Regional Committee constituted under Section 33-B of U.P. Act No 5 of 1982. It is further submitted that in the light of provisions of section 33-B of U.P. Act No. 5 of 1982, service of petitioner has to be regularised. It is further submitted that certain more documents required by the D.I.O.S. was also sent to him vide letter dated 15.02.2017 by the Principal. No formal order has been passed by the Committee pursuant to the order of High Court dated 25.04.2005 and in between, petitioner attained the age of superannuation on 28.02.2011, but getting session benefit, he retired from service on 30.06.2011.;