ARUN KUMAR MISHRA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned standing counsel for the respondents.

(2.) Petitioners are three peons working since 15.1.2005 in the institution known as Asharfia Inter College, Mahul, District Azamgarh (for short the college), a recognized and aided minority institution and to which provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as Act of 1921) and the Payment of Salaries Act, 1971 (for short Act of 1971) are fully applicable and they have approached this Court for a direction to respondent No. 1 to pay salary to them on the post of peons from the date they are working i.e. since 15.1.2005 to 7.4.2006, as arrears.

(3.) The petitioners claim to have been selected as peons in the aforesaid institution under the resolution of managing committee of the college dated 13.12.2004 and after facing the aforesaid selection process when the papers were sent by the Principal of the college on 16.12.2004 before the District Inspector of Schools, Azamgarh (hereinafter referred to as the DIOS) for approval no orders whatsoever was passed on the said approval, but even then the petitioners continued to work in the said college w.e.f. 15.1.2005 and as salary was not paid to them, they were compelled to file Civil Misc. Writ Petition No. 19305 of 2005 and that this Court vide its judgment dated 13.5.2005 was pleased to direct the DIOS to consider the matter of approval of the petitioners on the post of peons in the said college and take decision within a period of four months in the light of the observations made in the said judgment.