By the Court.—This intra Court appeal arises from the judgment and order dated 13.3.2002 passed by the learned Single Judge in Writ Petition No. 7619 of 2001 by which the learned Single Judge has dismissed the writ petition.

2. It appears that the petitioners-appellants (hereinafter referred to as ‘’appellants) were appointed as Assistant Teacher in a Junior High School after getting approval from the Basic Shiksha Adhikari of appointment. The appellants continued in service and were paid salary. On 1.1.2001, the Basic Shiksha Adhikari stopped the payment of their salary and in consequence thereof, the Committee of Management, i.e. respondent No. 6 also passed an order to the same effect on 10.1.2001. These orders were subject-matter of challenge in the writ petition.

3. In the counter-affidavit, the State-respondents have come with the case that the posts against which the appellants were appointed, were never sanctioned/created by the Basic Shiksha Adhikari vide order dated 20.7.1985 as alleged by the appellants and in fact, Basic Shiksha Adhikari is not the authority competent to create the posts. It is further stated that the Management, in collusion with the appellants