By the Court.—Petitioner Dr. Avinash Mohan Singh claims to have been appointed as Lecturer in the R.P. Degree College, Farrukhabad in the Department of Zoology on 23.1.1984 on probation.

2. In paragraph 3 of the writ petition, it has been stated that he was confirmed on the said post with effect from the date, the U.P. State Universities (Validation of Appointments) Act, 1984 was enforced and letter of confirmation was issued by the President of the Committee of Management on 24.1.2005 (Annex. 1). The writ petition further records that since subsequently some objection was raised by the Committee of Management about the appointment of the petitioner and similar other four teachers including Archana Singh, his sister, they filed Original Suit No. 302/1987 in which State of Uttar Pradesh, District Inspector of Schools, Account Officer/Finance Controller and Committee of Management were made defendants. Since no written statement was filed on behalf of any of the defendants and the matter was not contested, the 1st Additional Civil Judge, Farrukhabad, by means of judgment and decree dated 21.4.1989, decreed the suit filed by the plaintiffs in toto and declared that the plaintiffs had been validly appointed in the institution and they were entitled to salary from the public exchequer. Despite the said decree from the Civil Court, the plaintiffs, including the present petitioner, were not paid salary. As a matter of fact, the order was passed by the educational authorities of the State of U.P. restraining the payment of salary to such teachers and order for single operation of account in the institution was passed. The Committee of Management of the institution is said to have filed Writ Petition No. 16286/1987 which was decided vide judgment and order dated 21.10.1987 with a direction upon the Deputy Director of Education, Allahabad to decide the representation made by the petitioners therein.

3. In the meantime, Section 31-C was added to the Uttar Pradesh Higher Education Services Commission Act, 1980 (hereinafter called the ‘Act, 1980’) and the services of the petitioner is said to have been dispensed with in terms of the aforesaid Act.

4. Against the order so passed, the petitioner approached this Court by means of Writ Petition No. 8224/1992 and also succeeded in obtaining an interim order dated 26.11.1992 which required the Committee of Management to make payment of salary to the petitioner from its own resources. The aforesaid writ petition was dismissed by this Court vide judgment and order dated 16.10.2003.

5. It appears that proceedings were initiated against the petitioner for recovery of money which he had obtained in terms of the interim order of this Court and proceedings for recovery as arrears of land revenue had been initiated. It is at this stage of the proceedings that the petitioner has approached this Court for commanding the respondents not to compel the petitioner to deposit any money received by him as salary qua his services in the department of Zoology, R.P. Degree College, Farrukhabad.

6. Counter affidavit has been filed on behalf of the State pointing out that the petitioner and his sister Archana Singh are none other than the son and daughter of the earlier Principal and had been illegally appointed during his tenure. There exist no vacancy against which petitioner could be offered appointment. No procedure for selection known in law had been followed.

7. In absence of complete facts having been disclosed, the Court cannot examine as to whether the appointment claimed is against any available vacancy against a post covered by Chapter XI of the U.P. State Universities Act, 1973 (hereinafter called the ‘Act’) or not.

8. The petitioner must repay the benefits which he had drawn under the interim order of this Court in the earlier writ petition which has finally been dismissed.

9. The fact qua filing the Writ Petition No. 8224/1992 by the present petitioner and having obtained interim order therein which re