Hon’ble Rakesh Tiwari, J.—Heard Sri Somesh Khare, learned counsel for the appellant, learned Standing Counsel for the respondents and perused the record.

2. This special appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952, has been preferred against the judgment and order dated 9.12.2011 passed by learned Single Judge in Civil Misc. Writ Petition No. 4560 of 2003 - Gyanendra Singh v. Joint Director of Education, Meerut and others, whereby the writ petition filed by the petitioner-appellant was dismissed.

3. The relief sought by means of this special appeal is that the judgment and order dated 9.12.2011 passed by learned Single Judge be set aside and the writ petition be allowed.

4. Brief facts giving rise to aforesaid appeal are :

4.1 There is an institution namely Lala Babu Baijal Memorial Inter College, Lodhipur, District Ghaziabad, governed by the provisions of U.P. Intermediate Education Act, 1921 and the salary of the teachers and its employees are being paid under the provision of U.P. High School and Intermediate Education (Payment of Salaries to its Teaching and Non-Teaching Staff) Act, 1971.

4.2. On account of death of one Sukhbir Singh, Lectu