Honble Sudhir Agarwal, J.—Both these writ petitions are connected with each other and therefore, as agreed by the learned Counsel for the parties, namely, Sri Vinod Sinha and Sri V.S. Gupta holding brief on behalf of Sri Ashok Khare and learned Standing Counsel, have been heard together and are being decided by this common judgment at the stage of demission under the Rules of the Court.

2. Writ petition No. 42092 of 2005 (hereinafter referred to as the ‘first petition’) has been filed by the Committee of Management, Late Pt. Laxmi Chand Paliwal Inter College, Ingohata, Hamirpur (hereinafter referred to as ‘the College’), seeking a writ of certiorari quashing the order dated 6/7th February 2004, passed by respondent No. 2 Basic Shiksha Adhikari, Hamirpur, appointing respondent No. 3 Diwakar Singh as Assistant Teacher under Dying in Harness provisions pursuant to the Government Order dated 31st January, 1997 and further a writ of manadamus has been sought directing respondent No. 2 not to make payment of salary to the respondent No. 3.

3. Civil Misc. Writ Petition No. 51388 of 2005 (hereinafter referred to as ‘the second petition) has been filed by Sri Diwakar Singh against the order dated 1.7.2005 passed by the Principal of the College seeking his explanation on the ground that he is not making attendance register available and also a mandamus commanding the respondents not to interfere in his working as Assistant Teacher in the College and to pay his salary regularly.

4. The facts in brief as stated in the first writ petition are that the College is a recognized Intermediate College under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as “the 1921 Act”) and being in grant-in-aid for the purpose of payment of salary, the same is being paid from the State exchequer. The father of respondent No. 3 was working as Assistant Teacher in the College which at that time was a Junior High School, and died on 6th August, 1986. Sri Diwakar Singh respondent No. 3 for the first time, submitted an application on 6th February, 2004, claiming compassionate appointment in pursuance whereto the District Basic Education Officer, Hamirpur passed order on the same day, i.e. 6th February 2004 granting him compassionate appointment in the College which was communicated to the petitioner on 7.2.2004. Against the aforesaid appointment, the petitioner Committee of Management made a representation before the District Basic Education Officer on 11th April 2004 and 4th April, 2005 but he did not take any action thereon, whereafter the writ petition was filed seeking a manadamus commanding respondent No. l to decide the representation dated 11th April, 2004 and not to make any payment of salary to respondent No. 3. By means of an amendment application a prayer was added seeking a writ of certiorari for quashing the order dated 7th February, 2004 whereby the respondent No. 3 was appointed on compassionate basis. Despite time having been granted to respondents 1 and 2 no counter-affidavit has been filed on their behalf. However, respondent No. 3 has filed counter-affidavit to which the petitioner Committee of Management has also filed rejoinder affidavit. Respondent No. 3 Diwakar Singh has said that the College has been granted recognition at the level of High School and Intermediate without any financial assistance (Vittavihin) and only upto Junior High School the College is recognized and is in grant-in-aid. Hence, for the purpose of payment of salary the provisions of U.P. Junior High Schools (Payment of Salary to Teachers and other Employees) Act, 1978 (hereinafter referred to as ‘1978 Act’) are applicable. His father, late Jagran Singh died on 6th August, 1986 leaving his widow and two minor sons including respondent No. 3 whose date of birth is 8th March, 1982. The second son is elder to respondent No. 3. Earlier, he applied for compassionate appointment as a Class III employee, i.e., for the post of clerk but the s