Hon’ble P.K.S. Baghel, J.—The petitioner who is a Clerk in an Intermediate College preferred this writ petition for issuance of a writ of certiorari to quash the order dated 5.12.2007 whereby his representation for payment of his salary from May, 1990 to 9.11.2003 was rejected by the respondent No. 1, the District Inspector of Schools, Bulandshahar.

2. A brief reference to the factual aspect would suffice.

3. The Janta Intermediate College (for short Institution), Panchgai, district Bulandshahr is a recognised institution. A Society registered under the provisions of the Societies Registration Act, 1860 has established this institution. The institution is administered by the Committee of Management. It receives the aid from the State fund, at the level of the High School. The affairs of the institution, its teachers and employees are governed by the U.P. Intermediate Education Act, 1921; the regulations framed thereunder and U.P. Secondary Education (Service Selection Board) Act, 1982.

4. The petitioner was initially appointed in the year 1976. He was suspended on 29.10.1980 as he was made accused in a criminal case. On the said ground his services were terminated by the Committee of Management on 30.11.1980. The Committee of Management sent the papers to the District Inspector of Schools for the approval. The District Inspector of Schools accorded the approval for his termination. Aggrieved by the said order the petitioner filed an Appeal before the Deputy Director of Education who set aside the order of termination and approval of the District Inspector of Schools vide order dated 11.2.1999. He directed that the petitioner would be placed under suspension and his termination would be subject to the outcome of the criminal proceedings. In the meantime the Committee of Management appointed one Kunwarpal Singh on 18.11.1981 on temporary basis. The District Inspector of Schools approved his appointment on 2.2.1982 and he started functioning as Assistant Clerk and he was paid salary.

5. In criminal case No. 299 of 1980 the petitioner was acquitted of all the charges by order dated 24.7.1987 passed by the Court of II Additional Munsif Magistrate, Khurja, Bulandshahar. The petitioner submitted the copy of the judgment of the trial Court to the Committee of Management and on 26th August, 1988 it took a resolution to reinstate the petitioner and by the same order the salary of Kunwarpal Singh was stopped. Aggrieved by the said order Kunwarpal Singh preferred Writ Petition No. 1281 of 1990 in which on 16.1.1990 interim mandamus was issued by this Court to respondent No. 1 to pay the salary of the petitioner therein (Kunwarpal Singh) or show-cause. Copy of the said order of this Court is placed on record as Annexure-7 to the writ petition. The order of the Division bench is extracted hereunder for the sake of convenience :

“Issue notice.

An interim mandamus is issued to the respondent No. 1 to pay the salary to the petitioner from July, 1988 to December, 1989 and in future within a period of one month from the date a certified copy of this order is produced before him or show-cause within the said period.”

6. It appears that the authorities concerned for the reasons best known to them did not show-cause and they failed to bring the correct fact to the notice of this Court that the petitioner’s termination was disapproved by the Deputy Director of Education by order dated 22.1.1983 and the petitioner stood acquitted by the trial Court on 24.7.1987 and in compliance of the order of the Deputy Director of Education the Committee of Management had passed a resolution to reinstate the petitioner. Without showing cause the concerned authorities preferred to comply the interim mandamus by order dated 20.7.1992 and issued an order for payment of salary to Kunwarpal Singh. The writ petition remained pending for thirteen years and ultimately it came to be dismissed on merit in the year 2003. Feeling aggrieved by the order of the learned