1. Heard Sri B.S. Pandey, learned counsel for the petitioner in Writ-A No.7243 of 2001, Sri Indra Raj Singh, learned counsel for the petitioners in Writ-A No.29352 of 2012, Sri Awadesh Kumar, learned counsel for Basic Education Officer, Sri Balram Ji Verma, learned counsel for Committee of Management and Sri I.S. Tomar, learned Additional Chief Standing Counsel for the State-respondents.

2. With the consent of learned counsels for the parties, both the writ petitions are being finally heard together. Counter and Rejoinder affidavits have already been exchanged in both the writ petitions.

FACTS:-

3. Sri Rajit Ram (hereinafter referred to as the "A") is the petitioner in Writ-A No.7243 of 2001. Sri Ram Sagar, Kalideen and Smt. Anjani Devi (hereinafter referred collectively as "B") are petitioners in Writ-A No.29352 of 2012. The petitioners "A" and "B", both claim to be teachers appointed in "Sardar Patel Babu Ram Verma Samajwadi Laghu Madhyamik Vidyalay Amrawali, Shumali, Basti", which is a recognised aided Junior High School. It came on grant-in-aid list w.e.f. 12.03.1996. According to the petitioners vide Letter No.NIL of 1987-88 dated 12.08.1988, one post of Headmaster and 13 posts of Assistant Teachers were sanctioned by the Assistant Director of Education (Basic), 7th Division, Gorakhpur in respect of the aforesaid institution. It is the case of the petitioner “A” that a Committee was duly constituted for appointment of Assistant Teachers which took interview on 27.06.1990 and petitioner was appointed and approval to the appointment was granted by the District Basic Education Officer, Basti vide Letter No.2536 of 1990-91 dated 13.10.1990 addressed to the Manager. It is alleged that even after the institution came on grant-in-aid list w.e.f. 12.03.1996, the payment of salary to the petitioner was not made and as such the petitioner "A" filed a Writ Petition No.28033 of 1997, which was disposed of by this court by order dated 01.09.1997 observing that the petitioners may file representation before the District Basic Education Officer and in case the petitioners are duly appointed and the posts held by them are duly sanctioned, then there is no reason that they shall not get salary.

4. The petitioners "B" also filed Civil Misc. Writ Petition No.16975 of 1997 on similar set of allegations which was disposed of by order dated 02.09.1997 observing that the petitioners may make a representation before the District Basic Education Officer, Basti.

5. On representation of the petitioner "A", pursuant to the order dated 01.09.1997 in Writ Petition No.28033 of 1997, the District Basic Education Officer, Basti passed an order dated 08.10.1999 observing that permission is granted for payment of salary to the petitioners w.e.f. 01.04.1996. Likewise on representations of the petitioners "B" pursuant to the order passed in Writ Petition No.16975 of 1997, the District Basic Education Officer, Basti granted permission for payment of salary to them from the State exchequer w.e.f. 01.04.1996 vide order dated 16.05.1998.

6. It appears that the petitioner "A" was still not being paid salary from State Exchequer while the petitioners "B" were being paid salary and as such he moved a representation dated 22.12.2000 before the District Basic Education Officer, Basti. It appears that thereafter, vide letter ÁŒØŒ 45-47-2000-2001 dated 05.04.2001, the Assistant Director of Education (Basic), 7th Division, Gorakhpur informed the District Basic Education Officer, Basti that post creation is forged and no such letter was issued by his office. Consequently, the District Basic Education Officer, Basti passed the impugned order dated 17.09.2001 cancelling the order of approval and payment of salary. Aggrieved with this, the petitioner "A" filed the present writ petition.

7. The salary of the petitioners "B" was stopped by order of the the District B