AFTAB AHMAD Vs. DISTRICT BASIC EDUCATION OFFICER BALLIA

JUDGEMENT

(1.) SNDHIR Narain, J. This petitioners seek a writ of mandamus command ing respondent No. 1 to make payment of salary to them from September 1992 and continue to pay the same in future. The notice was issued to the respondent No. 1 and on 21st April, 1994 on month's time was granted to learned standing counsel to file counter affidavit but no counter affidavit has been filed. A counter affidavit on behalf of Committee of Management, respondent No. 2 has been filed supporting the version of the petitioners.

(2.) I have heard learned counsel for the petitioners and the learned standing counsel for respondent No. 1.

(3.) IT appears that another post of Assistant Teacher fell vacant in the school. The Management of the School passed resolution in its meeting dated 15-12-1990 to appoint petitioner No. 2 as Assistant Teacher in the School on temporary basis with effect from 1-1-1991 to 30-6-1991. Respondent No. 1 by his letter dated 18-3-1991 accorded approval to the appointment of petitioner No. 2 as Assistant Teacher in the School. The Management further requested respondent No. 1 to extend the period of approval. Respondent No. 1 by his letter dated 5th August, 1991 informed the Manager of the School that the approval is accorded on the condition that the Management shall take steps for making regular appointment in accordance with the provisions of U. P. Recognised Basic Schools (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the 'rules' ).