RAGHUNATH PRASAD YADAV S O RAJ BALI YADAV Vs. DISTRICT INSPECTOR OF SCHOOLS ACCOUNT OFFICER IN THE OFFICE OF DISTRICT INSPECTOR OF

JUDGEMENT

(1.) Heard Sri R. G. Padia, Senior Advocate appearing for the appellant and Sri Ravn Vijay Singh, the learned standing counsel appearing for the respondents.

(2.) This is an appeal against the judgment and order dated 24th November, 2003 by which judgment the writ petition filed by the appellant has been disposed of.

(3.) Brief facts necessary for deciding the appeal are;-- Bapu Inter College Pipriganj, Gorakhpur is a recognised institution receiving grant in aid. On retirement of one Kali Parasad Singh on 30th June, 1991 a substantive vacancy arose on the post of Assistant Teacher L.T. Grade. The petitioner's case is that the vacancy was notified by the Manager by the letter dated 10th June, 1991. On 22nd June, 1991 he amended the requisition. It is claimed that the Committee of Management authorised the manager to fill up the post on 2.8.1991 and on 10th August, 1991 the Notice Board of the Institution and thereafter the petitioner was selected on 23rd August, 1991 and appointed on 26th August, 1991. The petitioner's papers were sent to the Inspector for payment of salary. The salary was not paid by the Inspector. Consequently, writ petition was filed by the petitioner praying for a writ of mandamus directing the respondents to pay the petitioner's arrears of salary. The writ petition has been dismissed by the learned Single Judge. One of the grounds taken by the learned Single Judge for dismissing the writ petition is that the selection of the petitioner on ad hoc basis by way of direct recruitment was made prior to expiry of sixty days of sending the requisition sent to the Commission.