MANNA SINGH Vs. STATE OF UP

JUDGEMENT

(1.) We have heard Mr. R.K. Ojha, learned Counsel for the Appellant and the learned Standing Counsel for Respondents 1, 2 and 4. Notices by Registered Post with A.D. have been served on the Principal-Respondent No. 3.

(2.) These two special appeals have been preferred by the Appellants, who are Class IV employees in Gandhi Inter College, Orai, against the judgment and order dated 3.3.2009 passed by the learned Single Judge dismissing their petitions against termination.

(3.) They were appointed on 21.7.1984 in the institution, which is governed by the provisions of the U.P. Intermediate Education Act, 1921 and approval was granted by the District Inspector of Schools on 30.7.1984. However, in view of the Government Order dated 20.11.1977, the services of the Appellants were sought to be dispensed with as according to the District Inspector of Schools, they were in excess of the norms as prescribed in the Government Order dated 20.11.1977. The Appellants-writ Petitioners came up before this Court challenging the said action of the District Inspector of Schools and were favoured with an interim order. The Appellants-writ Petitioners, accordingly, continued in service and received salary. The writ petitions were ultimately dismissed on 3.3.2009 holding that the Government Order dated 20.11.1977 does not permit the engagement of any employee in excess of the norms prescribed and accordingly, the learned Single Judge, while dismissing the writ petitions, clarified that whatever salary had been paid to the Appellants-writ Petitioners, shall not be recovered. It was found that the norms permit a strength of 17 Class-IV employees and the Appellants-writ Petitioners were working over and above the said sanctioned strength.