JUDGMENT :

Prakash Padia, J.

1. Heard counsel for the parties.

2. The petitioner has preferred the present petition inter-alia with the following prayer:

''(i) Issue a writ or direction or pass an order in the nature of MANDAMUS commanding the respondent No. 2 and 3 to pass an appropriate order on the complaint/representation dated 7.9.2021 submitted by the petitioner and take appropriate action against the guilty and take other measures as per the law, as early as possible and within such time frame, which this Hon'ble Court may deem fit and proper in the circumstances of the case.''

3. Facts in brief as contained in the present writ petition are that institution in question namely Jangli Baba Intermediate College Gadwar District Ballia is a recognized Intermediate College, the same is on the grant in aid list by the State Government and all the teachers and employees are getting their salary from the State Exchequer as per the provisions of the U.P. High Schools And Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971.

4. Certain post of Assistant Teachers fell vacant in the Institution in the year 1998. An application was submitted by the Committee of Management before the District Inspector of Schools seeking prior permission to fill up the vacant post.

5. Vide order dated 4.2.1998, the Joint Director of Education declined to give permission to fill up the post to the Committee of Management. Aggrieved against the aforesaid order passed by the Joint Director of Education, the Committee of Management filed a Writ Petition No. 23443 of 1998 (C/M Jangali Baba Intermediate College vs. State of U.P. and Others) before this Court. The aforesaid writ petition was finally disposed of with a direction to the Director of Education, U.P. Lucknow to look into the matter and pass appropriate orders after taking into consideration the grievances of the petitioner and after providing opportunity of hearing within a period of one month. Pursuant to the aforesaid order, a decision has been taken by the Director of Education on 23.7.1998. By the aforesaid order, the Director of Education (Secondary) U.P. Lucknow rejected the claim set up by the Management. Thereafter another writ petition was filed by the respondent No. 6 namely Ram Ji Singh before this Court in the year 1999 in which directions were given by this Court on 22.2.1999 by which District Inspector of Schools was directed to decide the matter in accordance with law. Pursuant to the order passed by this Court dated 22.2.1999, an order was passed by the District Inspector of Schools Ballia on 27.5.2003 by which financial approval was granted by him in respect of the payment of salary to the respondent No. 6. Pursuant to the aforesaid order, the respondent No. 6 was paid his salary for the month of May, 2003 to August, 2003. Thereafter another order was passed by him on 25.6.2005 by which petitioner started getting his salary regularly.

6. It is argued that against the aforesaid illegal payment, certain complaints were made before the Director of Education (Secondary) by one Rajesh Kumar Singh on 12.4.2007 but till date no decision has been taken on the same. After expiry of more than 14 years, a fresh complaint has been made by the present petitioner before the Director of Education (Secondary) U.P. Lucknow 7.9.2021. In the aforesaid complaint, it is stated that the respondent No. 6 is getting his salary without any legal basis. In this view of the matter, it is argued that mandamus be issued directing the educational authorities to pass appropriate orders on the complaint/representation of the petitioner dated 7.9.2021. It is further argued that another representation was submitted by the petitioner on the same date before the District Magistrate, Ballia. On the said representation, directions were issued by the District Magistrate, Ballia to the District Inspector of Schools, Ballia to inquire the matter and do the needful.

7. A preliminary objection has