RAGHUVEER KUMAR Vs. DISTRICT BASIC EDUCATION OFFICER

JUDGEMENT

(1.) These two writ petitions pertain to appointment on Class IV post in Senior Basic Vidyalaya, Sultanganj, District Mainpuri and Junior High School Jyoti Khurd, Sultanganj, District Mainpuri. Both the writ petitions are being clubbed together and are being decided by this common judgment.

(2.) The judgment and order of the Tribunal has been subjected to challenge by the Basic Shiksha Adhikari, Mainpuri before this Court by means of Civil Misc. Writ Petition No. 13491 of 1991 wherein no interim orderwas granted. As a result whereof an order was issued by the Basic Shiksha Adhikari directing the Petitioners to be reinstated subject to the orders to be passed in the writ petition filed before the High Court. Thereafter the Up Nirikshak, Mainpuri issued another order dated 15.7.1992 whereunderthe appointment of the Petitioners had been cancelled in terms of the direction issued under the letter of the Basic Shiksha Adhikari dated 7.7.1992. These two orders have been challenged by means of Civil Misc. Writ Petition No. 26866 of 1992 by the employees. No interim order has been granted in this second writ petition also and the employees are not in service from the date of the orders impugned.

(3.) The Petitioner employees before this Court claim that they had been appointed by a competent authority namely the Deputy Inspector of Schools, Mainpuri on Class IV post in Parishadiya Vidyalayas and, therefore, their appointment cannot be interfered with. Reference is made to the U.P. Basic Educational Staff Rules, 1973 which provides that the Deputy Inspector of Schools shall be the appointing authority in respect of Class IV post qua institution situate in rural areas. Reference has also been made to the judgment of the Hon'ble Tribunal which was passed in their favour, referred to above.