Hon’ble Sudhir Agarwal, J.—Petitioner, Sajjan Singh Yadav, holding office of Principal, J.V. Inter College, Ali Nagar, Kenjara, District Firozabad has preferred this writ petition under Article 226 of the Constitution of India seeking mandamus commanding respondent Nos. 1 and 2 to pay salary on the post of Principal alongwith entire arrears of salary from the date of his appointment to stop payment of salary to respondent No. 5 Lalta Prasad Goswami; and also, to recover money paid to him after 23.12.2005. By subsequent amendment, the petitioner has also sought a writ of certiorari for quashing order dated 30.12.2009 (Annexure 16 to the writ petition) issued by U.P. Secondary Education Service Selection Board, Allahabad (hereinafter referred to as UPESSB) recommending respondent No. 6 for appointment to the post of Principal.

2. Learned counsel for the petitioner stated that presently he is confining his prayer/relief in so far as it relates to respondent No. 6 since respondent No. 5 has already retired in the meanwhile.

3. Heard Sri Arvind Srivastava, learned counsel for the petitioner; learned Standing Counsel for respondent Nos. 1, 2, 3, 7 and 8; and Sri Anil Bhushan learned counsel appearing for respondent No. 6. None has put in appearance on behalf of respondent Nos. 4 and 5 though names of Sri Arvind Agarwal and Sri R. Tripathi are shown in the cause list as counsel for respondents. besides as mentioned above.

4. The facts in brief stated in the writ petition are as under.

5. J.V. Inter College, Ali Nagar, Kenjara, Firozabad (for short “the college”) is recognised by Board of High School and Intermediate and governed by provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as “1921 Act”), U.P. High School and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act, 1971 (hereinafter called as “1971 Act”) and U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as “1982 Act”).

6. On 30.6.1991 one Ram Narain Sharma holding post of Principal retired on attaining the age of superannuation at the end of Session, causing a substantive vacancy on the post of Principal with effect from 1.7.1981.

7. One Sri Lalta Prasad Goswami, respondent No. 5 was the senior most permanent Lecturer (Mathematics). He was made officiating Principal by management of the College on 1.7.1981. The District Inspector of Schools (for short “D.I.O.S.”) attested signatures of Lalta Prasad Goswami. The management treated officiating appointment of Lalta Prasad Goswami, resulting in a short term vacancy on the post of Lecturer (Mathematics) and appointed respondent No. 6, Ranveer Singh as Lecturer (Mathematics) on 6th July 1981.

8. Ranveer Singh was not paid salary. His short term ad hoc appointment was not recognized. Therefore, he preferred writ petition No. 29160 of 1991 wherein an interim order was passed on 10.10.1991 pursuant whereto, payment of salary commenced and continued to him. The interim order termed as under :

“The Standing Counsel may file counter-affidavit on behalf of respondent Nos. 1 and 2 within a month. Issue notice to respondent No. 3 to be made returnable on 19.XI.1991 List this case on 19.11.1991.

Until further orders, the petitioner shall be paid his salary for the post of lecturer in Mathematics on which he has been appointed in a short term vacancy.”

9. The writ petition of respondent No. 6 (Ranveer Singh) was disposed of finally vide judgment dated 5.10.2004, operative portion whereof reads as under :

“Having heard learned counsel for the parties and considering the facts and circumstances of the case and keeping in view that the petitioner continuing to work and is being paid his salary since 1991, even though on the strength of the interim order granted by this Court, It is directed that the case of the petitioner for regularization shall be considered by respondent No. 5 the Joint Director of Education, Agra Region, Agra under the provisions of U.P. Act