S. N. Sahay, J. - (1.) KRISHNA Dutt Singh and Saheb Singh, petitioners, have filed Civil Misc. Writ Petition No. 14439 of 1987 for a writ of mandamus directing the District Inspector of Schools, Gorakhpur and the Committee of Management of Shri Ramrekha Singh Intermediate College, Urwa Bazar, Gorakhpur, opposite parties, to pay the salary of the petitioners regularly including the past arrears. The petitioners have also prayed that the opposite parties may be restrained from interfering in the working of the petitioners on their respective posts till the promotion of the petitioner No. 1 is decided by the U.P. Secondary Education Services Commission or fresh candidates recommended by the Commission are appointed.
(2.) THE case of the petitioners is that Krishna Dutt Singh, petitioner No. 1, was promoted and that it was decided by the Committee of Management to promote Krishna Dutt Singh in L.T. grade and to appoint Saheb Singh, petitioner No. 2, in C.T. grade, on adhoc basis. THE case of the petitioners was referred by the Committee of Management to the District Inspector of Schools, Gorakhpur for approval. THE District Inspector of Schools by his order dated April 25, 1987 accorded approval to the promotion of Krishna Dutt Singh from C.T. grade to L.T. grade on adhoc basis and to the appointment of Saheb Singh in C.T. grade on adhoc basis and further laid down the condition that the salary of the petitioners would be payable from February, 1987 to May 20, 1987. This stipulation was made on the basis of the fact that Krishna Dutt Singh had been promoted in place of Jagdish Singh, who had been in his turn promoted as a Lecturer on adhoc basis. It was also laid down that the aforesaid arrangement would automatically come to an end on the reversion of Jagdish Singh to his original post. THE Manager of the College issued formal letters to the petitioners in accordance with the terms and conditions subject to which the approval was granted by the District Inspector of Schools. After that, the petitioners made various representations to the District Inspector of Schools for directing payment of salary to be made to them even after May 20, 1987 and eventually they filed the writ petition. It may be mentioned that the petitioners also moved an application for an ad-interim order for payment of salary and upon this application a Division Bench of this Court consisting of Hon'ble B. N. Misra and Hon'ble S. K. Mookerji, JJ. passed an order dated July 22, 1987 that the petitioner No. 1 shall continue in his post in L.T. grade until a candidate duly selected by the Commission joins the post held by him or the teacher, on whose promotion petitioner No. 1 had been promoted, reverts to his original post and that petitioner No. 2 shall continue in C.T. grade until petitioner No. 1, on whose promotion petitioner No. 2 was appointed in C.T. grade, reverts to his original post. In this writ petition one Jai Prakash Singh has applied for being impleaded as opposite party No. 3. He has also moved a seperate application to vacate the ad interim order passed by this Court on July 22, 1987. He, has claimed that Krishna Dutt Singh, who is a Biology Teacher, is not qualified to be promoted in L.T. grade in the vacancy caused by the promotion of Jagdish Singh as Lecturer. On the other hand, he should have been promoted in place of Jagdish Singh, as he was a Science Teacher and was teaching the subjects of Science, namely, Mathematics, Physics and Chemistry. It is on this ground that Jai Prakash Singh has applied for being made a party in the writ petition and for getting the stay order dated July 22, 1987 vacated.
(3.) A counter affidavit has been filed on behalf of the District Inspector of Schools. It is stated therein that the Committee of Management is not empowered to make any appointment by way of promotion on regular basis without prior selection and the approval by the Commission and as such the promotion made in L.T. grade and appointment made in CT. grade are only adhoc and cannot be continued beyond May 20, 1987 for which the approval had been given by the District Inspector of Schools. The petitioner Jai Prakash Singh has filed a separate writ petition, being Civil Misc. Writ Petition No. 16052 of 1987 and has prayed that a writ of certiorari may be issued to quash the order dated October 21, 1986 passed by the U.P. Secondary Education Services Commission to the effect that Jai Prakash is not qualified for promotion in L.T. grade in the vacancy caused by the death of Shoaib Ahmad on December 31, 1984 because he had not to his credit five years continuous service in C.T. grade. There is a further prayer for granting a mandamus directing the respondents to promote Jai Prakash Singh as Science Teacher in L. T. grade on substantive basis and not to interfere with his functioning as such and also to make payment of salary to him from July 1, 1987 onwards. It is averred that before joining the above mentioned College Jai Prakash Singh had worked in Lalitraj Singh Junior Higher Secondary School, Dhubauli Gorakhpur in J. T. C. grade from July 22, 1976 to May 31, 1977 and in C. T. grade from July 1, 1977 to May 31, 1978 and, therefore, it is not correct to say that he had not completed five years continuous service in CT. grade He has also challenged the validity of the provisions, which require the completion of five years continuous service in C. T. grade on the date of occurrence of the vacancy.;