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. Anticipat