CHHOTEY LAL SINGH Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Counsel for the petitioner and the learned standing counsel. The facts of the case as set out in the writ petition are that there is Gandhi Smarak Degree College Samodhpur, District Jaunpur which is affiliated with the Purvanchal University. Petitioner's case is that at the request of the manager the Regional Higher Education Officer vide letter dated 29-10-1992 revived two posts of Laboratory Assistant and Laboratory bearer. The petitioners further state that the petitioners were appointed after having been duly recruited by the duly constituted selection committee and their appointments were approved by the Regional Higher Education Officer vide his letter dated 23-12-1992. A copy of the approval order has been filed as Annexure-6 to the writ petition. It is stated that while approving the appointments of the petitioners the Regional Higher Education Officer imposed condition that the salary to the petitioners would be paid by the management through its own resources till the maintenance grant was sanctioned with regard to the aforesaid two posts. The petitioners state that after the approval they were issued appointment letters dated 14-12-1992. The petitioners have further stated that the Regional Higher Education Officer issued order dated 12-3-1993 by which he recalled the approval granted to the appointments of the petitioners. In paragraph 20 of the writ petition it has been stated that the aforesaid order was issued without affording any opportunity to the petitioners. Petitioners further stated that there was no instructions from the Director of Education to withdraw the approval order. The petitioners have challenged the aforesaid order issued by the Regional Higher Education Officer in the present writ petition. This Court on 14-5- 1993, granted interim order staying the operation of the order dated 12-3-1993. Annexure-8 to the writ petition and directing the respondents to pay the salary to the petitioners as earlier.

(2.) IN the writ petition no counter-affidavit has been filed by any of the respondents. The hearing of the writ petition has been expedited by the Hon'ble the Chief Justice by order dated 27-4-2001. Sri Ravi Kant senior Advocate assisted by Sri Ar-vind Kumar has contended that the appointment of the petitioners having been approved by the Regional Higher Education Officer the same could not have been cancelled before issuing any notice and affording opportunity to the petitioners. The counsel for the petitioners submitted that by approval of the petitioners appointments certain right accrued to tire petitioners which could not have been taken away in violation of the principles of natural justice. The order by which the approval has been cancelled also do not give any reason as to on what ground and on what basis the approval is being recalled.