GAYA PRASAD SINGH Vs. DIRECTOR OF EDUCATION SECONDARY

JUDGEMENT

(1.) THE petitioner seeks a writ of mandamus commanding the opposite parties to designate the petitioner as a Lecturer in Sociology in the Institution in question from 1978 or 4-1-1982 and to pay him the salary of the post of Lecturer from the said dates and to continue to pay him salary In future also. Further writ of mandamus is sought for creation of a post of Lecturer in Sociology in the Institution in question w e.f. 1978 or from 1982

(2.) THE facts relevant for the decision of this petition are that the petitioner was appointed as an Assistant Teacher for teaching in National Inter College. Pindari, Varanasi (hereinafter called the Institution in question) in the year 1959. In the year 1978, College was recognised for teaching Sociology. THE petitioner was assigued the job of teaching in Sociology since 1978. In 1979, the first batch of students in the subject of Sociology appeared in the Intermediate Examination held in the subject and since then, the students of the College are continuously studying and appearing in the Intermediate Examination in the subject of Sociology which is being taught by the petitioner.

(3.) THE counter affidavit has been filled by the respondents. It is submitted that the recognition for teaching the Sociology was granted to the College on the condition that no financial burden would be thrown on the State and that till further orders no post of Lecturer will be created nor will be any Lecturer appointed in the subject of Sociology. THErefore, the petitioner can't be treated as a Lecturer because that involves payment of additional salary and would burden the State with extra expenditure which it could not undertake on account of the condition Imposed In the order whereby recognition in the subject of Sociology was initially granted.