SRI NATH TIWARI Vs. STATE OF U.P.THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF BASIC EDUCATION, GOVERNMENT OF U.P., LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard Sri Siddharth Khare, learned counsel for the petitioner, Sri K.S. Kushwaha, learned counsel for respondent Nos. 4 and 5 and learned Standing Counsel for the State-respondents. Petitioner before this Court submits that he was appointed as a temporary assistant teacher in Janta Purva Madhyamik Vidyalaya, Manapur Chateri, Thatra, Varanasi on 10th July, 1987. It is his case that an additional section was sanctioned for each of Class 6th, 7th and 8th to be run in the institution under the order dated 11th December, 1989. Under the order of the Director of Education (Basic) dated 20th February, 1993 three posts of assistant teachers were sanctioned for the institution raising the strength to one head-master and 7 assistant teachers. Petitioner was offered permanent appointment as assistant teacher on 10th October, 2001 and such appointment of the petitioner after selection was approved by the District Basic Education Officer vide order dated 22nd July, 2002. According to the petitioner the institution has been taken on grant-in-aid list under the Government Order dated 2nd December, 2006 w.e.f. 1st December, 2006. Petitioner has not been paid his salary from the State exchequer. He, therefore, made a representation, which has not been considered. He has approached this Court for a writ of mandamus directing the respondents to pay him salary.

(2.) So far as the appointment claimed by the petitioner as assistant teacher under order dated 10th July, 1987 is concerned, the same is not of much relevance, inasmuch as such appointment of the petitioner was never approved by the District Basic Education Officer nor it was made against any available vacancy duly created in the institution. At least relevant facts in that regard have not been stated in the present writ petition.

(3.) From paragraphs Nos. 6 to 9 of the present writ petition, it is apparently clear that the petitioner claims to have been appointed on permanent basis in the institution with the approval of the District Basic Education Officer dated 22nd July, 2002, a copy whereof has been enclosed as Annexure-4 to the present writ petition. From perusal of the approval order, it is apparently clear that the qualifications possessed by the petitioner are disclosed as B.A., B.Ed.