D. P. S. Chauhan, J. - (1.) BY means of this writ petition under Article 226 of the Constitution, the petitioner has approached this Court seeking the relief of issuance of a writ in the nature of mandamus commanding the respondents for making payment of salary to the petitioner for the period commencing July, 1987 till fresh appointment is made in place of the petitioner after selection of the candidate by the U. P. Secondary Education Services Commission.
(2.) THE notice of motion of this petition was duly served on the learned standing counsel on 8-5-1989. We have heard learned counsel for the petitioner Sri U. S. M. Tripathi and the learned Standing Counsel. Accordingly, we propose to dispose of this writ petition finally under the second proviso to clause (I) of rule 2 of the Rules of Court, 1952. There is no private party to be served. The facts concerning the controversy involved in the petition are confined to a narrow compass.
(3.) THE case of the petitioner is that an approval of his appointment as ad hoc teacher in L. T. Grade in Lakshmi Narain Uchchater Madhyamik Vidyalaya Bhaura Kerakat, Jaunpur, was given by the DIOS on 4-10- 1985 which was for the period w.e.f. 8-7-1985 to 30th July 1986. THE petitioner in persuance of his appointment continued to work as ad hoc teacher and he was paid his salary uptil 30th June, 1987 and has not been paid his salary since after July 1987, though the petitioner has been continuously working on the post as ad hoc teacher and discharging his job of teaching. He also stated that no candidate selected by the U. P. Secondary Education Commission has joined or taken over from the petitioner. He has also stated that he as well as the Management of the College repeatedly requested the DIOS Jaunpur for payment of salary, but the same were paid on deaf ears. THE petitioner along his petition has filed the order of approval dated 4-10- 1985 passed by the DIOS. It appears that the date 30th June, 1987 has been wrongly given, it should have been 30th June, 1986, which is the date of last terminus of the approval accorded under the order dated 4-10-1985.;