Sudhir Agarwal, J. - (1.) Heard Sri R.C. Dwivedi, Advocate, for petitioner and learned Standing Counsel for respondents.
(2.) By means of this writ petition, petitioner is seeking a writ of certiorari quashing the order dated 23.04.2003 passed by District Basic Education Officer, Maharajganj (hereinafter referred to as "DBEO") holding that there was no vacancy wherein petitioner, Daya Ram Yadav, could have been appointed, hence his claim for salary from State Exchequer is rejected. Petitioner has also sought a mandamus commanding the respondents to pay him salary along with arrears since December' 1998 and onwards.
(3.) Facts in brief, giving rise to present dispute, are that Jagannath Ram Sunarpati Gupta Junior High School, Sonauli, District Maharajganj (hereinafter referred to as "School") is a Junior High School recognized by Board of Basic Education under the provisions of U.P. Basic Education Act, 1972 (hereinafter referred to as "Act, 1972"). School is also in grant-in-aid and for the purpose of payment of salary to teaching and non-teaching Staff, it is governed by the provisions of U.P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 (hereinafter referred to as "Act, 1978"). The grant-in-aid has been sanctioned to School by Government Order dated 16.12.1998 with effect from December' 1998. Petitioner claims to have been appointed on 01.07.1977. It was accepted by DBEO by letter dated 01.06.1996 with effect from 01.07.1977 on the ground that appointment was made prior to enforcement of U.P. Recognized Basic Schools (Junior High Schools) Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as "Rules, 1978"), hence lack of training qualification by petitioner would not be a ground to disqualify him for appointment to the post of Assistant Teacher in a Junior High School. Assistant Director, Basic Education, Gorakhpur (hereinafter referred to as "ADBE" vide letter dated 02.02.1999 also exempted petitioner from B.T.C. Training with effect from 01.09.1994 referring to Government Order dated 21.10.1994 and Director, State Educational Research and Training Council, U.P., Lucknow's letter dated 09.01.1995.;