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