SHITALA PRASAD MISHRA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The case of the petitioner is that he was appointed as an Assistant Teacher in C.T. Grade in Inter College, Babu Sarai, Varanasi in the year 1982, but he has not been paid his salary since April 1991. The relief claimed by him is for issuance of a writ of mandamus commanding the respondents to pay his salary w.e.f. April 1991 till date and continue to pay his regular monthly salary as and when the same falls due.

(3.) In the counter affidavit filed by the Committee of Management of the aforesaid Inter College it has been stated that no post of Assistant Teacher as alleged to be held by the petitioner was sanctioned and as such his salary cannot be paid as no financial approval has been granted by the District Inspector of Schools. Reference in this regard may be made of paragraph 15 of the counter-affidavit as under: -