KUSUM LATA UJALAYAN Vs. JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Sri Devi Mandir Kanya Inter College, Khatauli, Muzaffarnagar (for short called, the College) admittedly is a Government aided Girls Inter College which is a recognised Institution as contemplated under the provisions of the U.P. Intermediate Education Act, 1921 (as amended up to date) and the provisions of Payment of Salaries Act, U.P. Secondary Education Services Commission Act (as amended from time to time), Rules and Regulations framed thereunder.

(2.) The petitioner was initially appointed as Assistant Teacher (C.T. Grade) in the College on August 8, 1988 on ad hoc basis on substantive vacancy vide appointment letter dated 8.8.1988/Annexure-1 to the writ petition. The petitioner could not join the post for some reasons and being constrained, filed Writ Petition No. 5247 of 1989 in which the learned Single Judge passed interim order on the application of the petitioner directing that subject to any further orders passed by this Court, the respondent Nos. 1, 2 and 3 shall allow the petitioner to join the Institution as Teacher in the C.T. Grade and pay her salary due to her in C.T. Grade regularly on month to month basis. It is further ordered that in case the writ petition is ultimately dismissed as against the petitioner, she shall refund the entire amount received by her by virtue of the said interim order dated 18.5.1989 (Annexure-2 to the writ petition). The Manager of the Institution vide letter dated 7.6.1989 (Annexure-3 to the writ petition) addressed to the petitioner written with reference to her application along with aforementioned interim order dated 18.5.1989, informed that she should join the College immediately as Assistant Teacher in C.T. Grade.

(3.) The petitioner joined the College in pursuance to the aforesaid order, issued by the Manager of the College on 12.6.1980, as is evident from the certificate issued by the Principal of the College dated 3.7.1992 (Annexure-4 to thewrit petition).