Hon’ble Rajes Kumar, J.—This Special Appeal is directed against the judgment and order dated 16th May, 2006, passed by the learned Single Judge, in Writ Petition No. 19747 of 1989 (Ramveer Singh and others v. District Inspector of Schools, Muzaffar Nagar and others).

2. The brief facts, giving rise to the present Appeal, are that the D.A.V. Inter College, Jansath, Muzaffar Nagar is a recognised and aided Intermediate College. The appellant No. 1 (petitioner No. 1) claimed that one Sri Sukhvir Dev, who was a permanent teacher in C.T. Grade, proceeded on leave without pay, on account of which a short term vacancy arose in the C.T. Grade against which the appellant No. 1 was appointed as a C.T. Grade teacher temporarily, purely on ad hoc basis. The appointment letter, dated 31st January, 1989, is Annexure-1 to the affidavit filed in support of the Stay Application, which offered appointment to the appellant on a fixed salary of Rs. 450/= per month plus ususal Dearness Allowances etc. Said appointment was made subject to the approval to be accorded by the District Inspector of Schools purely on temporary basis. In pursuance of the appointment letter, appellant No. 1 joined on 1st of February, 1989. Approval to the appointment has been accorded by the District Inspector of Schools, vide order dated 4th February, 1989 (Annexure-2A to the affidavit filed in support of the Stay Application) wherein it is categorically stated that the appellant’s appointment is absolutely temporary and for the period till Sukhvir Dev joins or till 30th April, 1989, whichever is earlier.

3. The appellant No. 2 (Petitioner No. 2 in the writ petition) claimed that on account of promotion of one Sri Om Pal Singh, who was a C.T. Grade Teacher, as a L.T. Grade teacher, one vacancy arose in C.T. Grade against which vacancy, appellant No. 2 was appointed by the Committee of Management on 31st January, 1989. A copy of the appointment letter is Annexure-1-A to the Affidavit filed in support of the Stay Application. The approval to such appointment has been accorded by the District Inspector of Schools, Muzaffar Nagar on 4th February, 1989 (Annexure-2B to the affidavit filed in support of the Stay Application). In the said appointment letter, it is categorically stated that the appointment of the appellant No. 2 is purely temporary and on a fixed salary of Rs. 450/= per month plus Dearness Allowance etc. In the approval order of the District Inspector of Schools, dated 4th February, 1989, it is categorically stated that the appointment is absolutely temporary and shall continue till Sri O.P. Singh joins or till 30th April, 1989, whichever is earlier.

4. Both the appellants accordingly joined the posts. When the salary could not be paid to the appellants, for the period, after 30th April, 1989, the appellants filed the writ petition. In the writ petition, the District Inspector of Schools, Muzaffar Nagar was impleaded as respondent No. 1, Uttar Pradesh Secondary Education Service Commission and Selection Board as respondent No. 2 and the Committee of Management, DAV Inter College, Muzaffar Nagar as respondent No. 3. On 21st October, 1990, the writ petition was admitted. The Standing Counsel, who appeared on behalf of the respondent No. 1, was granted time to file the counter-affidavit. Notices were issued to the respondent Nos. 2 and 3. An interim order has also been passed to the effect that until further orders of this Court, the petitioners shall be allowed to continue on the post so long as the vacancy exists and they shall be paid salary if and when falls due. It appears that when no steps have been taken to serve the respondent Nos. 2 and 3, the Court passed the order on 7th February, 2003 to take steps to serve respondent No. 2. In pursuance thereof, steps were taken to serve the respondent No. 2. The notice was sent by the Registered Post. The writ petition has been dismissed in default on 21st November, 2003. A Recall Application has been moved on