NARENDRA SINGH Vs. DEPUTY DIRECTOR OF EDUCATION AGRA

JUDGEMENT

(1.) VINEET Saran, J. This writ petition has been filed with a prayer for a mandamus directing the respondents to pay the entire arrears of salary of the petitioner and further to continue to pay the salary as and when it falls due.

(2.) THE case of the petitioner is that he was appointed as an Assistant Clerk in the College of respondent No. 3 with effect from 1-2-1991 and since then he has been continuing to work in the institution of respondent No. 3. On 1-4-1991 the respondent-institution was included under the grant-in-aid scheme of the State Government up to the High School level. THE petitioner thus contends that since he was already on the list of the employees as on the date when the institution came under the grant-in-aid list, he would be entitled to be paid salary from the grant-in-aid fund provided by the State Government.

(3.) LEARNED counsel for the petitioner has submitted that considering the strength of the students of the institution there should be at least two posts of clerks sanctioned in the institution. He has placed reliance on a Government Order dated 20-11-1977 (which has been filed along with the supplementary affidavit and not with the writ petition) wherein it has been stated that there would be one post of clerk sanctioned in case if the number of students of the institution are up to 500 and for every additional 400 students one additional post of clerk should be sanctioned. The petitioner contends that since the strength of the students up to High School level for the year 1991-92 was over 1100 students, thus at least one additional post of clerk ought to be sanctioned and if so done the petitioner would be entitled for payment of salary under the grant-in-aid scheme. However, no such prayer has been made in the writ petition for sanctioning any additional post in the institution and as such the same cannot be considered by this Court. Even otherwise, in case if the petitioner was so aggrieved, he or respondent No. 3 ought to have first approached the appropriate authority for sanctioning and approving the additional post of clerk in the institution for which no efforts have been made by the petitioner or the institution or at least no such assertions have been made in the writ petition or even in the supplementary affidavit filed by the petitioner.