RAJIV SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Called in revised. Heard Shri B.B. Paul, learned counsel for petitioner and learned Standing Counsel for respondent Nos. 1 to 4. Petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the District Inspector of Schools, Aligarh (hereinafter referred to as "D.I.O.S.") to accord financial approval to petitioner's appointment on the post of Assistant Teacher, L.T. Grade in Gopi Ram Paliwal Inter College, Aligarh (hereinafter referred to as "College") and to continue to pay him regular salary on the said post alongwith arrears from 22.8.1993. Through an amendment application No. Nil of 2013, which has been filed alongwith supplementary-affidavit dated 11.9.2013, one more prayer has been sought to be added i.e. commanding the respondents to regularise the services of petitioner on the post of Assistant Teacher, L.T. Grade from the date, the same became due to him.

(2.) The aforesaid College is a recognised aided non Government Secondary Educational institution imparting education from Class VI to Class XII governed by U.P. Intermediate Education Act, 1921 (hereinafter referred to as " 1921 Act") and for the purpose of payment of salary, it is governed by Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "1971 Act").

(3.) It is also not in dispute that for the purpose of recruitment of teaching staff of the college, it is governed by the provisions of Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "1982 Act"). One post of Lecturer and two posts of Assistant Teacher, L.T. Grade were vacant hence, a requisition was sent by the Management to U.P. Secondary Education Services Commission and Selection Board (hereinafter referred to as "Board") through D.I.O.S., a copy whereof has been filed as Annexure 2 to the writ petition, though in para 4 of writ petition, it is mentioned to have been filed as Annexure 1.