MURLIDHAR SIGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Ms. Anu Jaiswal, learned counsel for the petitioner and the learned standing counsel for the respondents.

(2.) Jagannath, Suresh, Smt. Naseem, Kundan Singh (who has died during pendency of writ petition) and Jag Narain (petitioner 1 to 5), claim to be appointed as class-IV employees. Arvind Kumar Singh, Chandra Shekhar Singh and Jawahar Pandey (petitioners 6, 7 and 8) claim to be appointed as Assistant Teachers (L.T. and C.T. Grade). Murlidhar is said to be appointed as head-master of 'Janta Inter College, Garhmukhteshwar, Ghaziabad', (called the college). These persons (petitioners) have filed these petitions under Article 226, Constitution of India and prayed for issuing a writ, order or direction in the nature of certiorari to quash the impugned order dated 27.1.1997 (Annexure-7 to the writ petition) passed by the District Inspector of Schools, Ghaziabad/respondent No. 1 directing the Treasury Officer (Hapur-Ghaziabad) to return salary bills of all the persons of the college staff, including petitioners for the month of April, May and June, 1996, except eight persons mentioned in that order on the ground that in view of the dispute in the college, an inquiry is contemplated by the Government. The petitioners also claim a writ, order or direction in the nature of mandamus directing the Manager, Zila Sahakari Bank, Garhmukteshwar, Ghaziabad (respondent No. 2) to transfer the salary amount into the accounts of the petitioners and any other writ, order or direction which this Court may deem fit and proper in the facts of the case. 1. Murlidhar Singh and others v. State of U. P., W.P. No. 1511 of 1986.

(3.) The college, which was initially a Junior High School and governed by U. P. Basic Education Act was upgraded to the level of High School wide order dated 2.3.1984 and consequently the college came within the purview of U. P. Intermediate College Education Act, 1921 (as amended upto date). When institution was at 'Junior High School' level, it received grant-in-aid from the Government as per rules applicable to it as such. It ceased to receive said grant-in-aid with the change of its status. This interrupted payment of salary to its staff and the then Head-Master, and other members of college staff, Murlidhar Singh and eleven other, filed Writ Petition No. 1511 of 1986 and an interim order was passed on 18.10.1986 as in following terms :