BASIC SHIKSHA ADHILARI FAIZABAD Vs. CIVIL JUDGE FAIZABAD

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the respective contesting parties and with their consent this appeal is being disposed of finally.

(3.) Short facts leading to this appeal may be noted at the outset. Respondent 2's deceased husband was serving as Assistant Teacher in Junior high School, Khajuriahat under the control of the President, Zila Parishad, faizabad from 16-7-1949. He worked as such up to 14-11-1965 in that school. Thereafter he was transferred to a new school named Jawahar Lal nehru Memorial High School, Khajuriahat, Faizabad. That school admittedly was under the administrative control of the District Inspector of Schools and also under overall control of the Director of Education, State of Uttar pradesh. Therefore, obviously he remained an employee of the school which was ultimately monitored and controlled by the Director of Education, State of Uttar Pradesh. He retired in 1975 on health grounds and thereafter he expired. Before his death he filed Claim Petition No. 330/i of 1979 in U. P. Public Services Tribunal No. 1, Lucknow. Pending the proceedings, Ram sundar Lal died and Respondent 2 herein continued to pursue the said proceedings. Her claim was to get all retirement benefits available for the services rendered by her deceased husband in the schools concerned. In the said proceedings her deceased husband had joined Zila Parishad, Faizabad as respondent 1; Director Education, U. P. , Lucknow, as Respondent 2; Deputy dios, Faizabad, as Respondent 3; and BSA, through Basic Shiksha Parishad, faizabad, as Respondent 4, which is the appellant before us. The claim petition was allowed by the Tribunal and the following order was passed: