Honble Sudhir Agarwal, J.—Both these writ petitions are connected involving common questions of facts and law and, therefore, as agreed and requested by learned Counsel for the parties, have been heard together and are being decided by this common judgement.

2. The Writ Petition No. 34111 of 2006 (hereinafter referred to as the "first writ petition") has been filed by Ram Niwas Singh (hereinafter referred to as the "First Petitioner") aggrieved by the order dated 15.6.2006 passed by the District Inspector of Schools, Ghaziabad (hereinafter referred to as the "DIOS") seeking a writ of certiorari for quashing the same.

3. The Writ Petition No. 46974 of 2006 (hereinafter referred to as the "Second writ petition") has been filed by Madan Pal Sharma (hereinafter referred to as the "Second Petitioner") aggrieved by the order dated 15.6.2006 passed by DIOS whereby he has declined to grant approval to the appointment of second petitioner on the post of Assistant Clerk in Sri Nehru Bharti Sadan Inter College, Babugarh, District Ghaziabad (hereinafter referred to as the "College"). He has also sought a writ of mandamus commanding the respondents to approve his appointment as Assistant Clerk w.e.f. 1.7.1983 and to pay salary accordingly.

4. The facts in brief, as set out in the first writ petition, are, that the first petitioner was appointed as Clerk in the College on 1.8.1979. However, he was terminated by the management vide order dated 7.5.1981 on the ground that he was unauthorisedly and without prior information to the Principal of the College, was absent from 16.4.1981 and despite information by registered letters dated 18.4.1981 and 28.4.1981 had not attended his duties. The said order of termination was issued by the Manager of the Committee of Management of the College pursuant to the resolution dated 6.5.1981 passed by the Committee of Management. Aggrieved by the order dated 7.5.1981 the first petitioner approached DIOS who informed the Manager of the College vide letter dated 28.8.1981 that without his (DIOS) prior approval, a class-III employee cannot be terminated but subsequently vide order dated 14.7.1982 approved termination of the petitioner. An appeal thereafter was preferred under Section 16 (g) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921") read with Regulations 31 and 44 of the Regulations framed under Act, 1921 before the Deputy Director of Education, Allahabad (hereinafter referred to as "DDE") which was allowed vide order dated 4.5.1983 and it was declared that the first petitioner shall be deemed to have continued in service. The management of the College did not challenge appellate order before any appropriate forum but preferred Original Suit No. 478 of 1983 seeking an injunction restraining the first petitioner from entering the premises of the College. The suit was dismissed by the trial Court on 18.3.1983 whereagainst Civil Appeal No. 82 of 1988 was filed before the District Judge, Meerut. The appeal came up for hearing before VIIth Additional District Judge, Meerut, who vide judgement dated 22.2.1992, allowed the appeal and setting aside judgement of the trial Court, remanded the matter to the trial Court for deciding original suit afresh. In the meantime, despite several letters sent by DIOS, directing management to permit the first petitioner to work in the College, he was not allowed to join duty and consequently his salary was also not paid. Ultimately, the DIOS vide order dated 24.1.1991 directed the first petitioner to record his daily attendance at Deewan Inter College, Hapur, District Ghaziabad and obtain certificate of attendance from the Principal so that his salary may be paid. Consequently, the first petitioner started attending duties at Hapur. It appears that the second petitioner made a complaint to the State Government whereupon the State Government issued an order on 28.9.2003 directing Director of Education (Secondary), Allahabad to forthwit