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, Lecturer, a post of lecturer fell vacant and since no person was eligible to be promoted on the post of lecturer from the teachers working in the institution in C.T.Grade, the Committee of Management of the Institution passed a resolution on 17.7.1991 to fill up the aforesaid vacancy by way of direct recruitment under the provisions of Section 18 of U.P. Secondary Education Services Commission Act, 1981.

4.3 Pursuant to the aforesaid resolution, a number of candidates appeared before the selection committee duly constituted by the Committee of Management of the Institution for selecting suitable candidate for the vacant post. The petitioner-appellant was found suitable for the aforesaid post i.e. Lecturer in Sociology and therefore an appointment letter was issued on 18.7.1991 and pursuant thereto, petitioner-appellant joined the duties with effect from 26.7.1991.

4.4 After the appointment papers were sent to the District Inspector of Schools (hereinafter referred to “DIOS”) for according financial approval to the appointment of the petitioner-appellant but no response was given.

4.5 When neither financial approval was accorded nor any decision was taken in this regard, the petitioner-appellant filed writ petition No. nil of 1992 (Gyanendra Singh v. State of U.P. and others) before this Court in which an order was passed on 14.7.1992 whereby DIOS was directed to make payment of salary to the petitioner-appellant upto 30.6.1992 within a month. The DIOS, Ghaziabad was further directed to take a decision on the papers for approval sent to him by the Management, within two weeks from the date of receipt of the order.

4.6 Pursuant to the order passed by this Court, DIOS passed order on 29.8.1992 whereby financial approval to the appointment of the petitioner-appellant on the post of lecturer in the institution was rejected on the ground that the vacancy was not notified within a period of 90 days from the date of death and that the post comes under the quota of Schedule caste candidate.

4.7 Thereafter the petitioner-appellant moved a representation dated 30.3.1995 requesting DIOS to recall his earlier order.

4.8 When no response was received, the petitioner-appellant filed writ petition No. 1680 of 1996 and this Court vide order dated 12.1.1996 directed the respondents to decide the representation of petitioner-appellant within a period of six weeks from the date of receipt of order.

4.9 A notice dated 26.3.2002 was received by the petitioner-appellant whereby DIOS asked the petitioner-appellant to show-cause as to why payment of salary should not be stopped.

4.10 After receipt of notice, the petitioner-appellant submitted his reply dated 9.4.2002 mentioning therein that the post on which petitioner-appellant has appointed was a sanctioned post in the institut