MANISHA TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This special appeal has been filed by the appellants challenging the validity and correctness of the judgment and order dated 28.2.2007 passed by Hon'ble learned Single Judge in Civil Misc. Writ Petition No. 11165 of 2007, Manisha Tripathi and others v. State of U.P. and others, whereby the learned Single Judge dismissed the aforesaid writ petition. The appellants have also prayed for Self,,ting aside the judgment and order dated 28.2.2007 aforesaid by allowing the special appeal with costs.

(3.) Brief facts giving rise to the instant special appeal are that the eleven appellants in number claim to have been appointed as Assistant Teachers in Raja Ratansen Smarak Inter College, Nichlaul, District Mahrajganj, which is a recognized and aided Institution governed under the provisions of U.P. Intermediate Education Act,1921. The Institution imparts education from class I to class XII. Originally, there were 15 sections in classes I to V and for meeting out the requirement of teaching 15 Assistant Teachers in BTC Grade of pay scale in the Primary Section have been working in the Institution who were being paid salary from the government grant through the agency of the District Inspector of Schools, Maharajganj but with the passage of time, the strength of the students has increased in the Institution which compelled the Management, by letter/communication dated 7.8.1998, to apply for sanction of a total number of 28 Sections including 15 already existing Sections in the Primary Section of the Institution. The District Inspector of Schools, 2 Mahrajganj appears to have sanctioned 11 additional Sections for the Primary Section of the Institution by increasing three additional sections each for classes II to V by order dated 23.11.1998. As a consequence, eleven Assistant Teachers were required for additional sections. Thereafter, the Management proceeded for making appointment of eleven Assistant Teachers in the Institution for which the appellants had also applied. It is claimed by the appellants that they were selected and granted appointment by appointment letters dated 10.12.1998, which have been collectively appended as Annexure-3 to the writ petition. They are in the same language, hence one of them is reproduced below. Vernacular matter omitted The appellants claim to have joined as Assistant Teachers in the Primary Section of the Institution in the month of December,1998 pursuant to appointment letters aforesaid, all the papers pertaining to the selection and appointment of the appellants were sent to the District Inspector of Schools, Mahrajganj on 12.12.1998 for according financial sanction. The financial approval was accorded vide order dated 26.2.1999 by the District Inspector of Schools and by means of letter dated 24.3.1999 all the papers for allocation of additional grant for disbursement of salary to the appellants were forwarded by the DIOS.