Hon’ble Sudhir Agarwal, J.—The petitioner is aggrieved by the order dated 21st September, 2006 (Annexure 10 to the writ petition) passed by the respondent No. 2 i.e District Inspect of Schools, Varanasi (hereinafter referred to as “DIOS”) rejecting his representation regarding approval of his appointment on the post of Assistant Teacher in the Primary Section of the College and has sought a writ of mandamus directing respondents for payment of salary.

2. The facts in brief, as borne out from the writ petition, are that Saraswati Inter College, Suriya, Varanasi (hereinafter referred to as “the College”) is an intermediate College recognised by the Board of High School and Intermediate, U.P. Allahabad under the provisions of U.P. Intermediate Education Act, 1921 (in short “1921 Act”) and in the matter of payment of salary, the provision of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as “Act of 1971”) are applicable.

3. It is said that post of Assistant Teacher in the Primary Section of the College fell vacant on 30th June, 1992 due to retirement of one Shri Paramhansh Misra. Anticipating the said vacancy, Manager of the Committee of Management of the College got an advertisement published in the daily newspaper “Gandiv” on 4th May, 1992 advertising 5 vacancies pursuant whereto 13 applications were received. However, in interview, only 11 candidates appeared, whereof the Selection Committee selected 5 candidates in the following order :

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4. It is said that on 5th July, 1992, an appointment letter was issued to the petitioner appointing him as Assistant Teacher (Trained Grade) and thereafter the papers pertaining to his selection and appointment sent to DIOS on 18th July, 1992. It appears that without passing any order with respect to the financial approval, the then DIOS Sri Awadh Naresh Sharma issued a letter dated 16th December, 1993 directing the Accounts Officer in his office to take steps for payment of salary to the petitioner. It also appears that one Sri Dhananjay Kumar, who also claimed appointment alongwith the petitioner, when was not paid salary, approached this Court by way of filing Writ Petition No. 19272 of 1993, which was disposed of directing the DIOS to consider his representation and pass appropriate order. Pursuant to the aforesaid order The then DIOS Sri Awadh Naresh Sharma passed an order on 28th April, 1994 observing that in the select list Arjun Prasad Pandey was placed at serial No. 1 and there is nothing on record to show that Sri Dhananjai Kumar was working in the College hence question of approval of appointment of Dhananjay Kumar does not arise. He also mention the factum of appointment of the petitioner Arjun Prasad Pandey on 5th July, 1992 by the Manager of the College pursuant whereto the petitioner joined on 6th July,1992. However, he did not say anything about the approval and appointment of petitioner on the post of Assistant Teacher in the College.

5. Thereafter another order was passed by the then DIOS, Dr. Abha Mathur, on 3rd May, 1995, observing that there does not appear to be any order passed at the level of the DIOS for withholding salary of the petitioner and therefore, the Account Officer must ensure compliance of the order dated 28th April, 1994 of DIOS. It is in these circumstances, the Finance and Accounts Officer issued order on 17th May, 1994 directing the Principal of the College to take steps for ensuring payment of salary to the petitioner on the post of Assistant Teacher.

6. It appears that in collusion with the then DIOS, as shown above, and the Manager, the payment of salary was made to the petitioner for about 3 years but when a new Principal came to the office, he found that there was no order of approval of appointment of the petitioner and therefore, sent a detailed le