JUDGMENT S.H.A Raza, J. - The writ petitions No. 1417/1988 and 167.1 of 19P8 were disposed of on 2891 with the directions to District Inspector of Schools, Sultanpur and the Principal, Public Intermediate College, Chaukiya, District Sultanpur that Sri Prabhat Singh shall be allowed to continue his duties as Farrash and he would be paid his salary, but the opposite parties will appoint Sadanand Pathak on any vacancy of Class IV which may occur in future. Obviously, this order was passed for the reason that Sadanand Pathak had already obtained a Master degree and was willing to discharge his duties as Class IV employee and his appointment order formed part of the record. It was further provided that if Sadanand Pathak has already crossed the age of recruitment, the opposite parties will give him relaxation in age. 2. As the said order was not complied with Sadanand Pathak filed the present writ petition bearing writ petition No. 6320(SS)/1991 complaining that even after the order passed by this Court, opposite parties appointed Rakesh Kumar Singh and Dhirendra Kumar Singh who have been arrayed as opposite parties no. 4 and 5. In the counter affidavit it was averred that opposite party No. 4 was appointed on the post of Ardali on 1891 a day prior to the order passed by this Court in the aforementioned writ petitions. It was further indicated that the petitioner served copy of the order passed by this Court on 2891 on 8891, from which it was established that Rakesh Kumar Singh, opposite party No. 4 was appointed seven days prior to the service of order of this Court. It was admitted that Dhirendra Kumar Singh, opposite party No. 5 was appointed on the post of Mali on the basis of Dying in Harness Rules. In the counter affidavit nowhere it been mentioned that Dhirendra Kumar Singh was also appointed prior to 8891 when the opposite parties admittedly came to know about the orders passed by this Court. 3. No reason has been explained as to why while appointing Sri Dhirendra Kumar Singh, opposite party no. 5, Dying in Harness Rule was given preference to the orders passed by this Court. Undoubtedly the opposite parties had a right to appoint opposite party no. 5 on the basis of Dying in Harness Rule, but they could do so after order passed by this Court Was complied with. 5, Dying in Harness Rule was given preference to the orders passed by this Court. Undoubtedly the opposite parties had a right to appoint opposite party no. 5 on the basis of Dying in Harness Rule, but they could do so after order passed by this Court Was complied with. It appears that the Govt. order was given preference in comparison to orders passed by this Court. The action of the opposite parties in ignoring the orders passed by this Court cannot be termed to be bonafide exercise of power. It smacks of illwill against the petitioner, only because of the fact that he dared to approach this Court by filing writ petition. Such conduct on the part of an educational institution as well as District Inspector of Schools deserves to be deprecated and they are warned to adhere to principle of Rule and Law. 4. In view of the fact that opposite party no. 5 has been given appointment on the basis of Dying in Harness Rule, I am not inclined to dislodge him from the post which he has been holding, although the order of his appointment was not proper, but I am of the view that the petitioner must be absorbed into service. He holds Master degree and was appointed as Farrash earlier, but another person was appointed in his place. He is still willing to serve as ClassIV employee. It would amount to grave injustice if he is not appointed on any ClassIV post even when this Court had issued mandamus commanding the opposite parties to appoint him in the next vacancy. The mandamus was flouted by the opposite parties without any rhyme or reason, hence the petitioner is entitled for the relief sought for. 5. In view of what has been indicated hereinabove the Writ petition succeeds. A writ in the nature of mandamus is issued directing the opposite parties nos. 1, 2 and 3 to permit the petitioner to work as ClassIV employee in the said institution forthwith and pay him salary regularly. In case there existed no vacancy, on which he could be absorbed, the opposite parties will create a vacancy and post him as ClassIV employee. In the circumstances of the case opposite parties No. 1 and 2 are directed to pay Rs. 1000 to the petitioner forthwith as the special costs or compensation.