Hon’ble Sabhajeet Yadav, J.—By this petition, petitioner has sought relief of mandamus directing the respondents to pay henceforth the salary of the petitioner month to month and arrears of salary alongwith other benefits permissible under law since the initial date of his appointment on the post of lecturer in Civics in the institution in question.

2. The brief facts leading to the case are that one post of lecturer in Civics in Kisan Inter College, Babhnan District Basti fell vacant on account of retirement of one Sri B.P. Srivastava lecturer in Civics, who retired on 30.6.1990. It is not in dispute that the institution is recognised Intermediate College under the provisions of U.P. Intermediate Education Act, 1921 and receiving grants-in-aid out of State fund, thus the liability for payment of salary of teachers and other employees of the institution is upon the State Government under the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. According to the petitioner’s case the Committee of Management of the institution vide its resolution dated 1.7.90 resolved to send the requisition to the U.P. Secondary Education Services Selection Commission/Board hereinafter referred to as Commission/Board in pursuant thereto on 2.7.1990 requisition was sent to the Commission/Board for holding selection to fill up the said vacancy but Commission/Board has failed to recommend any name within time prescribed for the same. Thus finding no alternative, the Committee of Management of the institution after advertising the vacancy in one newspaper has held the selection for the said vacancy and selected the petitioner on the post of lecturer in Civics as the petitioner was fully eligible and qualified for the post and thereafter appointed the petitioner on ad-hoc basis on the post of lecturer in Civics vide order dated 8.1.1991 in pursuance of which the petitioner has joined his post on 24.1.1991, immediately thereafter the papers were sent for approval to the District Inspector of Schools, Basti on 25.1.1991. The District Inspector of Schools, Basti did not approve the appointment of petitioner on the post of lecturer in Civics for considerably long time, despite several representations and reminders sent to him. Finding no alternative the petitioner submitted a representation to the Principal Secretary, Secondary Education, Government of Uttar Pradesh who directed on 1.1.1996 to Director of Education for taking necessary action in the matter, thereupon Director Education on 25.1.1996 directed the District Inspector of Schools, Basti for taking necessary action regarding the payment of salary of the petitioner. It is further stated that the District Inspector of Schools after hearing the petitioner and parties concerned has ultimately decided the dispute, whereby the petitioner’s representation was allowed and petitioner’s appointment on ad hoc basis on the post of lecturer in Civics was approved vide detailed order dated 8.8.1997. A copy of the order dated 8.8.1997 is on record as Annexure-5 of the writ petition. It was also indicated in the order of approval that one Sri Kamala Prasad Singh who was L.T. Grade teacher in the institution and sought promotion on the post of lecturer in place of petitioner and objected the appointment of petitioner, has withdrawn his writ petition on 25.3.1996 as he has also been promoted as lecturer in History.

3. It is further stated that despite approval granted by District Inspector of Schools on 8.8.1997, the salary of petitioner was not paid, then petitioner has again represented the matter before Education Minister, thereupon who has directed the Joint Director of Education on 16.7.1998 for making payment to the petitioner. It is further stated that the Special Secretary to Government also wrote a letter to the Director Secondary Education on 27.1.1999 directing the District Inspector of Schools for making payment of salary to