RAM NARESH Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

(2.) An advertisement was published by the District Basic Education Officer, Mathura in January, 2004 for admission to Special Basic Training Course-2004. The petitioners, who at the relevant point of time, were resident of Tehsil Sadabad, Dagsah, Baramai, and Sikhra which formed part of District Mathura, applied in pursuance thereof. Petitioners were selected and as per select list dated 24/26th July, 2004 they were required to undergo training of Basic Training Course at District Institute of Education and Training, Mathura. After the petitioners completed their training at the Institute at Mathura, they were appointed under letter dated 27th December, 2005 and were placed in Parishidiya Vidyalayas as Assistant Teachers within the district of Mathura to be precise, petitioner Nos. 1,4,5 and 6 were appointed in the institutions at Block Mant, Mathura, petitioner Nos. 2 and 3 were appointed in the institutions at Block Naujheel, Mathura and petitioner Nos.7 and 8 were placed in the institution of Block Raya, Mathura. It appears that after the petitioners had joined at their place of posting, certain orders were issued attaching them to the primary institution situate in Block/Tehsil Sadabad.

(3.) In order to keep the record straight, it may be stated that a new District "Mahamaya Nagar" was created under the notification dated 6th May, 1997, wherein two Blocks/Tehsils of District Mathura were carved out to form the new District Mahamaya Nagar. Subsequently on 13th January, 2004 the State Government withdrew the notification dated 6th May, 1997. This subsequent notification dated 13th January, 2004 was subjected to challenge before this Court by means of Civil Misc. Writ Petition No. 2443 of 2004 (Rakesh Kumar Sharma and others v. State of U.P. and others) which was allowed under the judgment and order dated 21st May, 2004, 2004 (3) AWC 2234. What logically follows from the judgment and order dated 21st May, 2004 is that both the Tehsils Sahpau and Sadabad continue became part and partial of newly created District Mahamaya Nagar.