ARVIND Vs. DISTRICT INSPECTOR OF SCHOOLS AND ANR.

JUDGEMENT

(1.) In both these petitions petitioner is common and common question of law and facts are involved. They were, therefore, heard together and are being disposed of by means of this common judgment.

(2.) The writ petition No. 2940 of 1986 was filed by the petitioner for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 3.2.1986 whereby the District Inspector of Schools refused to consider the case of the petitioner for approval of his appointment on the post of clerk and for a writ, order or direction to respondent No. 2 to permit the petitioner to continue in service on the said post and to pay his salary. In the second petition, petitioner prays for a writ, order or direction in the nature of mandamus directing the opposite parties to pay increments and revised pay scale of Rs. 950.00 per month to him.

(3.) The relevant facts of the case, giving rise to the present petitioner are that a vacancy for the post of clerk in Gandhi Smarak Higher Secondary School, Gola Gokarannath, District Lakhimpur Kheri was advertised. On the basis of which petitioner applied for his appointment, as, according to him, he possess the requisite qualifications. It was on 9.1.1986 that the petitioner was appointed and thereafter papers relating to his appointment were submitted before the District Inspector of Schools, the respondent No. 1, for approval. The District Inspector of Schools did not accord approval to the appointment of the petitioner. Ultimately the services of the petitioner were terminated by the order dated 6.3.1986 by the respondent No. 2. The petitioner, thereafter, made a representation to the respondent No. 2 for recalling the order of termination and permitting him to continue to work on the post of clerk. The representation made by the petitioner was ultimately allowed and the order of termination was recalled by the order dated 3.4.1986 by respondent No. 2. Since then, according to the petitioner, he has been working in the said Institution and has been discharging his duties. He has also been paid his salary but till date no approval has been granted by the District Inspector of Schools.