IN THE HIGH COURT OF UTTARANCHAL AT NIANITAL WRIT PETITION NO: 4004 OF 2001 (S/S) (Old No. 3848/1991) Pradeep Kumar, S/o Sri Harikishan, R/o Village and Post Bhainsi, District Muzaffar Nagar. ----Petitioner Versus 1- The District Inspector of Schools Haridwar. 2- Raja Mahendra Pratap Prem Vidyala Inter College Village and Post Office Gurukul Narsan District Haridwar. 3- The U.P.Secondary Service commission U.P. Allahabad. -----Respondents ,Sri Sanjeev Singh,, learned counsel for petitioner. Standing Counsel for respondents. Dated : March 6, 2006. HON’BLE RAJESH TANDON, J. By the present writ petition the petitioner has prayed for a writ of mandamus directing the respondent no.1 to pay the salary from the date of his joining on the post of Assistant Teacher. Briefly stated, according to the case of the petitioner he was appointed by the Management Committee vide his letter dated 10.07.1990. A copy of the appointment letter shows to the following effect: ^^ Jh iznhi dqekj iq= Jh gfjfd’ku xzke Mk0 HkSalh ft- eqtQQjuxj dated 10/7/1990 fu;qfDr i= vkidks lwfpr fd;k tkrk gS fd vkidh bl laLFkk esa d{kk 6 ls 10 rd i<kusa gsrq O;k;ke v/;kid ds in ij ,y0Vh0 osru dze ij ¼1400&40&1800 2300½esa fu;qfDr fuEu izfrcU/kksa ds lkFk dh tkrh gS% 1- vkidh fu;qfDr dh lsok ’krsZk ds lEcU/k ea foHkkx ls tks Hkh vkns’k izkIr gksxs os lHkh ykxw gksxsA 2- vkidh fu;qfDr rHkh izHkkoh gksxh tc Jh ftyk fo/kky; fujh{k.k gfj}kj ls vuqeksnu izkIr gks tk;sxkA vki bl fu;qfDr i= dh izkfIr ds nl fnu ds Hkhrj dk;Z xzg.k djsxsA l/kU;oknA** The petitioner has submitted that the post of lecturer was lying vacant for the last two years and about a year before the Management Committee has sent a requisition to the U.P. Secondary Service Commission, Allahabad. Thereafter in pursuance of the letter of appointment the petitioner ahs joined the duties as Assistant teacher on 11.07.1990. The grievance of the petitioner is that by virtue of Section 18(1) of U.P. Secondary Education (Services Selection Boards) Act,1982, his appointment having been made, therefore, he has been regularized under Regulation 33-C of the Act. A counter affidavit has been filed by the State where it has been stated that the appointment of the petitioner was not made in accordance with Section 18 of U.P. Secondary Education Services Selection Boards Act and, as such, he is not liable to be paid any salary. The writ petition was filed as back as in the year 1991. The appointment letter shows that it was conditional subject to the approval of the District Inspector of Schools. However, nothing has been brought on the record as to whether what has happened to the said approval. However, the matter is sent back to the respondent No.1, District Education Officer to pass appropriate order on the representation filed by the petitioner. The petitioner shall make a representation within a period of three weeks from the date of filing of certified copy of the order and the District Education Officer shall pass appropriate order with regard to the payment of the salary of the petitioner within a period of three months thereafter. Subject to the aforesaid, the writ petition is disposed of. No order as to costs. (Rajesh Tandon, J) 06.03.2006. Negi.