Sudhir Narain, J. - (1.) Suresh Kumar, Smt. Neelam Devi, Anil Kumar Niranjan, Rajwant Sachan and Udai Narain, the petitioners in Writ Petition No. 13638 of 1994, claim that they have been duly selected as Assistant Teachers in Subhash Vidyapeeth, Daheli. Kanpur Dehat (in short the institution) and they should be paid their salary.
(2.) The facts, giving rise to this writ petition, are that Sri Subhash Vidyapeeth is a recognized Junior High School and the teachers are paid salary under the provisions of Payment of Salaries Act. 1979. There were 8 posts of Assistant Teachers in the said institution. The Mandaliya Sahayak Shiksha Nideshak (Basic) by its letter dated 26.9.1986 created 5 more posts and the total posts in the institution became 13. The District Basic Education Officer granted permission by its letter dated 7.6.1991 to fill up 5 posts of Assistant Teachers and to advertise the same. The Management took steps to advertise those posts. 25.6.1991 was fixed as the date for interview by the Selection Committee.
(3.) The Manager sent to the District Basic Education Officer a list of seven candidates alleged to have been selected by the Selection Committee and sought his approval for appointment on posts. The District Basic Education Officer did not pass any order granting approval. The Manager. Sri. Gorey Lal, filed Writ Petition No. 17652 of 1992, Committee of Management v. Zila Basic Shiksha Adhikari and others, for a writ of mandamus to direct the Zila Basic Shiksha Adhikari to accept the papers sent by him and to grant approval. This Court allowed the writ petition on 8.2.1993 with the direction to the District Basic Education Officer to pass order in accordance with law in regard to grant of approval to the selection within a period of one month. The District Basic Education Officer by letter dated 21.3.1993 asked for a report from Sri Bhagwat Prasad Pal regarding the selection dated 25.6.1991. Sri Bhagwat Prasad Pal by his letter dated 21.3.1993 wrote that no work was done by the Selection Committee as dispute had arisen between the rival committees of management. On 22.3.1993, the Basic Education Officer passed an order directing the Manager that selection be held again.;