ZAFAR ALAM Vs. ZILA BASIC SHIKSHA ADHIKARI ALLAHABAD

JUDGEMENT

(1.) THE petitioner was appointed on 24 -8 -1973 as a teacher in Urdu subject under a scheme known as Half Million Job, for teaching in Primary School, Daraganj, Allahabad. He worked upto 2nd November, 1976 and thereafter, he sought leave w.e.f. 3 -11 -1976 to 26 -12 -1976 but could not attend his duties as he was ill. It is alleged that he applied for medical leave. He further states that he moved applications from time to time for extension of leave. The petitioner avers that after he regained his health and recovered from effect of paralysis and reported for duties on 9 -12 -1991, but his salary was not paid. The Zila Basic Shiksha Adhikari, Allahabad called for a report from Shiksha Adhikari Nagar Kshetra, Allahabad regarding the period of absence of the petitioner for about 15 years. The report was submitted on 13 -4 -1992 but it is alleged that no decision was taken about payment of his salary. Thereafter, the petitioner filed Writ Petition No. Nil of 1993. This petition was decided with a direction to the respondent No. 1 Zila Basic Shiksha Adhikari, Allahabad to decide the matter within six weeks vide order and judgment dated 2 -11 -1993.

(2.) IN pursuance of the judgment dated 2 -11 -1993, respondent No. 1 again called for report from respondent No. 3 vide letter dated 27 -12 -1993. The report was accordingly submitted to the effect that the petitioner had continuously applied for medical leave alongwith medical certificate and his services have yet not been terminated. On the basis of the report, the Zila Basic Shiksha Adhikari, Allahabad by order dated 6 -11 -1994 held that the medical leave for 365 days with pay and for 90 days out half and rest without pay can be granted but since the petitioner has been absenting continuously for more than 15 years he has lost his lien on the post.

(3.) BY the impugned order dated 19 -6 -1995 in the appeal, it has been held that since the applications of the petitioner are not on record, in view of the report dated 29 -12 -1993, order dated 6 -1 -1994 passed by the Zila Basic Shiksha Adhikari, Allahabad and perusal of letter dated 26 -7 -1991 of the Parishad, it is established fact that the petitioner had not performed any work during the period 31st December, 1976 to 8th December, 1991, i.e., for about 15 years. It has been further held that if the period of 3 -1/2 years is also added w.e.f. 8 -12 -1991, the total period comes to 18 years 6 months, during which the petitioner had not done any teaching work. The Secretary, U.P. Basic Shiksha Parishad, Allahabad has also held that only U.P.C. have been produced by the petitioner in support of his contention that he has sent applications for leave, whereas according to leave report there are no such application in the records, as such U.P.C. will itself not prove the case of the petitioner that he had sent applications. The Secretary has also relied upon the order dated 6 -1 -1994 passed by the Basic Shiksha Adhikari Allahabad and the provisions of Financial Handbook (Vol. -2) Rule 18 and has held that there is no force in the contention of the petitioner. Rule 18 provides is as under :