By the Court.—As both the aforesaid special appeals arise out of the common judgment and order of the learned Single Judge dated 16th February, 2012 passed in Writ-A No. 64346 of 2007 (Munendra Singh and others v. State of U.P. and others), with the consent of learned Counsel appearing for the parties the same have been heard analogously and are being decided by this common judgment.

2. vide impugned judgement and order dated 16th February, 2012, which gave rise to these appeals, passed by the learned Single Judge, the writ petition filed by two Assistant Teachers for payment of their salary has been allowed, order dated 23rd March, 2007 passed by the Assistant Director of Education (Basic), Bareilly has been quashed, and a direction has been issued for payment of arrears of their salary also.

3. A brief reference to the factual aspects would suffice.

4. Prem Kumari Deshraj Singh Junior High School, Bhatauli, District Budaun (for short, the “Institution”) is a Junior High School. It is recognised under the provisions of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (for short, the “Rules, 1978”). It is stated that in the year 1992 four vacancies for the post of Assistant Teachers occurred in the institution. Management of the institution vide a communication dated 01st April, 1992 apprised the said vacancies to the District Basic Education Officer, who, in turn, vide his communication dated 19th June, 1992 granted permission to fill up the aforesaid vacancies. Pursuant thereto, the Management issued advertisement in local newspaper inviting applications for appointment against the aforesaid vacancies. It is stated that District Basic Education Officer nominated his nominee, namely, Smt. Manju Lata, Assistant Girls Inspectress of Schools on 14th July, 1992. In pursuance of the aforesaid advertisement, the writ petitioners, respondent Nos. 1 and 2 herein, (hereinafter called as the “writ petitioners”), who possess, essential qualifications for being appointed as Assistant Teacher made their applications alongwith other candidates.

5. On 15th July, 1992 the Selection Committee met wherein the nominee of the District Basic Education Officer was also present and it took interview of 19 candidates, who had applied pursuant to the said advertisement. On the basis of their quality point marks the writ petitioners were found suitable. The Management sent the entire papers relating to selection proceedings alongwith other necessary papers to the office of the District Basic Education Officer, Budaun for his approval.

6. The District Basic Education Officer granted his approval on 30th October, 1992 for a period of one year i.e. upto 30th June, 1993. Relevant it would be to mention that prior to the approval, the Committee of Management had already issued appointment letter on 05th August, 1992 to the writ petitioners, who submitted their joining on 05th August, 1992 itself. The copies of the appointment letters of the writ petitioners, their joining report and the approval letter of the District Basic Education Officer are on record being annexures-5, 6, 7, 8 and 9 respectively to the writ petition.

7. It is stated that the writ petitioners are working in the institution and after successful completion of their probation, the District Basic Education Officer vide order dated 06th October, 1994 confirmed/regularized the services of the writ petitioners. A copy of the order dated 06th October, 1994 has been brought on record being annexure-10 to the writ petition.

8. The institution was brought on the maintenance grant list in the year 2006, therefore, it came under the purview of the provisions of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (for short, the “Payment of Salaries Act”) also. The names of the petitioners were shown in the list of staff of the institution which was sent to the As