Petitioners seek writ of mandamus commanding respondents to pay to the petitioners the entire arrears of their salaries and also to pay salary in future for the posts on which they were appointed in Madan Mohan Malviya Inter College, Bhatpar Rant, Deoria (hereinafter referred to as the institution ).

2. The institution is recognised under the provisions of U. P. Inter mediate Education Act, 1921. Salaries to the teachers and other employees of the institution are paid under U. P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971.

3. The version of the petitioner is that there were 7 lecturers in the institution and their posts fell vacant. Sarvashri Kapildev Mishra, Rajendra Mishra, Narendra, Nath Mishra, Gorakh Nath Singh, C. D. Singh, Mukh Nath Pandey and S. N. Mishra had been lecturers in Civics, Physics, English, Economics, Commerce, Sanskrit and Hindi in the College. Shri Kapildev Mishra retired on 1-7-1989, Shri Rajendra Prasad Mishra died on 22-2-1988, Shri Narendra Nath Mishra left the college on 1-9-1988, Sarvashri Gorakh Nath Singh, C. D. Singh and Mukti Nath Pandey retired from their posts on 1-7-1991