BASIC SHIKSHA PARISHAD Vs. SUGNA DEVI

JUDGEMENT

(1.) Whether the respondent No. 1-Smt. Sugna Devi could be considered as a teacher employed by the petitioner No. 1-Basic Shiksha Parishad, Allahabad (UP) is the short question for consideration in this matter.

(2.) Respondent No. 1 maintained the case that she was appointed as an Assistant Teacher in Kanya Pathshala, Mallawan in district Gonda on 22-3-1966 by the then President of District Board Gonda. Subsequently she was transferred to Paraspur. Later she was transferred back to Mallawan. Consequent to her prolonged illness she took leave between July, 1970 and 14-5-1971 and thereafter between July, 1971 and 29-12-1971. When she returned on 30-12-1971 the Headmistress told her that she was terminated from services. But she was not served with any termination orders. She was told by the Headmistress to approach the Zila Parishad to seek for a transfer. Accordingly she placed representation before the Chairman, Zila Parishad for transferring her to another school. Several follow up reminders for this representation was sent. By the time vide U.P. Act No. 34/1927 the Basic Education was taken over by the Basic Shiksha Parishad from Zila Parishad. Thereafter respondent No. 1 approached District Basic Education Officer, Secretary Basic Shiksha Parishad and even the Minister and made several representations. Thereafter she filed a claim petition before the U.P. Public Services Tribunal.

(3.) Basic Shiksha Parishad maintained the stand that that she was never been their employee and since she could not produce any documents that could authenticate the factum of her service the case has to be rejected as a concocted one. Learned Tribunal found that since she could not prove that the President of District Board Gonda validly appointed her or she was working as a teacher the claim petition was rejected both on grounds of prolonged delay and on merits.