AJAI LAMBA, J. - (1.) We have heard learned counsel for appellant Sri Jyotinjay Verma, learned counsel for respondent No. 1 Sri Vinod Kumar Gupta Advocate holding brief of Sri Pt. S. Chandra learned counsel for respondent no.1 and Sri Amitabh Shukla, learned counsel for the State.
(2.) This appeal has been filed against the order dated 28.10.2010 passed in Writ Petition No.7514(S/S) of 2010 whereby the opposite parties were directed to pay regular salary to the petitioner every month.
(3.) As per the pleadings in the appeal and the affidavit, filed in support of the application for stay, one Pawan Kumar filed the aforesaid Writ Petition praying for a direction to the opposite parties to pay salary to him for the Class IV post of Peon with all consequential benefits along with arrears of salary dues since 1.05.2000 along with interest. It has been stated that the said person had claimed to have been appointed in the Dayanand Junior High School, Shastri Nagar, Arya Samaj, Sultanpur on the Class IV Post of Peon with effect from 01.05.2000. The said school was said to have been aided and recognized institution imparting education up to Class VIII and, therefore, was covered by the provisions of the Basic Education Act, 1972 and other concomitant Acts and Rules. It has been further stated that the petitioner had claimed that he was duly appointed by the Management of the School but was compelled to file the Writ Petition since he was not paid salary for the said post by the authorities of the State Government despite repeated representations. While calling for the opposite parties to file their counter affidavit and issuing notices to the Management of the School, direction for payment of regular salary has been issued by means of the order dated 28.10.2010.;