KATORI DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India praying for a writ in the nature of certiorari quashing the impugned orders dated 21.11.1997 and 22.2.1996, enclosed as Annexures-2 and 2A. Further, the petitioner has sought a writ in the nature of mandamus commanding the opposite parties to treat the period of her two years service after attaining the age of 58 years as extension of service instead of reappointment. The petitioner has also staked her claim for grant of L.T. grade, promotional scale, payment of her salary in the revised pay-scale and revised pension accordingly.

(2.) In brief, the petitioner's case is that she was initially appointed on 27.9.1968 on the post of Head Mistress in Rajkiya Kanya Junior High School, Baldev, district Mathura and she joined the said post. However, her services were terminated on 31.10.1968. She was again appointed as Assistant Teacher in Rajkiya Kanya Higher Secondary School, Tugana, district Meerut and worked there from 12.10.1970 to 17.3.1971. She was again appointed on 11.9.1971 in the Government Girls' Higher Secondary School, Lal Garhi, district Etah and vide order dated 20.7.1972, she was transferred to Jalesar in Government Girls' Higher Secondary School in the same district. Barely a month after, she was transferred to Damanpur, district Mirzapur and from Damanpur to Mahoba where her services were terminated on 14.5.1973 without any reason in an arbitrary and illegal manner. She was again appointed as assistant teacher in the Government Girls' Inter College, Moradabad, where she worked from 9.11.1974 to 25.5.1975. Feeling aggrieved by the arbitrary and illegal acts of the departmental authorities, the petitioner remained on hunger strike at different intervals during 4.1.1982 to 27.2.1996 at different places, i.e., Mathura, Agra and Lucknow. She was then reinstated in compliance of the order of His Excellency the Governor of U. P. vide order dated 27.2.1996. In compliance of the above order, the petitioner was reappointed on the post of assistant teacher in Government Girls' Inter College, Baldev, district Mathura. She discharged her duty from 1.3.1996 to 9.7.1997. As a matter of fact, she was given extension of service for two years after her age of superannuation but the Director of Education wrongly issued the order of reappointment. On a representation by the petitioner, the Director sought for a clarification from the Principal Secretary, Education but no action was taken. However, the Director of Education wrote a letter dated 4.1.1997 to the Principal. Government Girls Higher Secondary School, Baldev, district Mathura, directing him to comply with the order of the Government and allow her to join duty. But, since her appointment was kept confined up to her having attained the age of 60 years, the benefit of academic session beyond that period was not extended to her. Thereafter, the petitioner went from pillar to post asking for her dues amounting to Rs. 4,17,039 towards her salary in arrears but the relevant authorities under a game plan went on exchanging letters evading payment of her dues. She then served a legal notice upon the opposite parties but it also did not fetch any result. She was also denied her induction into L.T. grade. Neither her salary was fixed in that grade nor it was revised after the new pay-scales being made applicable. She was, however, paid her salary from March, 1996 to February, 1997. She also received a cheque of Rs. 3.25.000 under the orders of the Governor of U. P. but the details of this amount were not given. Despite her repeated requests, her services from the year 1968 till she superannuated have not been computed for the purpose of pension. It is under these circumstances that she was obliged to file this writ petition.

(3.) The opposite parties filed their reply through the counter-affidavit of Sri Kunwar Ji Lal, District Inspector of Schools, Mathura. He admitted that under the orders of the Governor, issued by His Excellency on the humanitarian ground, the petitioner was allowed under special circumstances reappointment for a period of two years after she attained 58 years of age. In compliance of such orders of reappointment, the petitioner served Rajkiya Kanya Uchchatar Madhyamik Vidhyalaya, Baldev, district Mathura from 1.3.1996 to 30.6.1997 and she was paid her salary for the said period. Elsewhere during her teaching career, she worked at different places during the period as indicated below : From 27.6.1968 to 27.11.1968 Rajklya Kanya Junior High School. Baldev, district 1 Mathura.13.9.1971 to 8.7.1972 Rajkiya Kanya Uchchalar Madhyamik Vidyalaya. 2 Lalgarhi, Etah. 3.16.9.1972 to 14.5.1973 R a j k i y a Kanya Uchchatar Madhyamik Vidyalaya. Hamirpur, 4.1.3.1996 to 30.6.1997 Rajklya Kanya Uchchatar Madhyamik Vidyalaya. Baldev. district Mathura (Deputy Director's camp).