Hon’ble Sudhir Agarwal, J.—All these writ petitions involve common questions of law and fact and, therefore, as requested and agreed by learned counsel for the parties, have been heard together and are being decided by this common judgment.

2. In all these writ petitions the common relief sought by petitioners is writ of mandamus commanding the respondents to pay salary to them on the post of Assistant Teacher (L.T. Grade).

3. The dispute relates to appointment on the post of Assistant Teacher in Jang Bahadur Verma Gramin Uchchatar Madhyamik Vidyalaya, Balamau, Tehsil Sandila, District Hardoi (hereinafter referred to as the “College”).

4. It is claimed that petitioners were appointed after due selection by Selection Committee constituted by Management of the College vide appointment letter dated 28.11.1996, 2.7.1994 and 30.6.1996, respectively, on the post of Assistant Teacher (L.T. Grade) in the pay scale of Rs. 1400-2300/-. It was mentioned in the appointment letters that appointment would be valid only after approval by District Inspector of Schools, Hardoi (hereinafter referred to as the “DIOS”). Pursuant to appointment letters, aforesaid three petitioners joined on 2.12.1996, 10.7.1994 and 12.7.1996 respectively. At the time of appointment, College was not in grant-in-aid list and was brought to grant-in-aid w.e.f. 1.12.1998, vide State Government’s letter dated 18.1.1999, wherein name of college was shown at Serial No. 61.

5. Upto November, 1998, petitioners’ salary was paid by Management. There were total 13 sanctioned posts which included seven teaching, five Class-IV and one Class-III posts. It is also said that appointment of petitioners was approved by DIOS vide letter dated 15.7.1997, yet in an illegal manner, petitioners have not been paid salary, by respondents from State exchequer after the College has been brought in grant-in-aid.

6. Writ Petition No. 885 (SS) of 2001 (hereinafter referred to as the “first petition”) has come up at the instance of three petitioners, namely, Shashi Kant Kanojia, Anita Devi and Chotey Lal, seeking a writ of mandamus, commanding respondents to pay salary to them on the post of Assistant Teacher (L.T. grade) alongwith interest on arrears.

7. Writ Petition No. 1807 (SS) of 2001 (hereinafter referred to as the “second petition”) has been filed by one, Rakesh Kumar Singh, who has also sought a writ of mandamus, commanding respondents to pay salary to him on the post of Assistant Teacher in the College. He claims to have been appointed as Assistant Teacher (L.T. Grade) in the pay scale of Rs. 1400-2300/- vide appointment letter dated 2.7.1994. The aforesaid appointment was approved by DIOS vide letter dated 15.7.1997.

8. In the first writ petition, respondent No. 5 Jai Ram Singh (petitioner in the third writ petition) has filed a counter-affidavit, stating that petitioner No. 2 Anita Devi did not possess B.Ed. qualification, essential for appointment for the post of Assistant Teacher (L.T. Grade) in Secondary Educational institution, therefore, so called appointment of petitioner No. 2 is void ab initio. It is also said that the list sent by Management to the DIOS on 16.3.1998 showing names of the staff working in the College at that time contained following ten names as teaching and non-teaching staff:

1. Vijay Prakash Principal/Head Master

2. Ravindra Nath Assistant Teacher

3. Shashikant Assistant Teacher

Kanaujiya

4. Anita Devi Assistant Teacher

5. Jairam Singh Assistant Teacher

6. Ram Prakash Clerk

7. Narsingh Bahadur Class-IV

8. Shiv Raj Singh Class-IV

9. Rakesh Kumar Class-IV

10. Buddhi Praksh Class-IV

9. Amongst the above ten persons, it was also mentioned, Shashi Kant Kanaujia, Anita Devi and Jai Ram Singh, Ram Prakash, Rakesh Kumar and Buddhi Prakash are not approved on the aforesaid list. DIOS passed the following order on 23.3.1998 which is also evident from the aforesaid document.

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