LAWS(ALL)-2002-7-52

MISRI LAL Vs. DISTRICT BASIC EDUCATION OFFICER

Decided On July 19, 2002
MISRI LAL Appellant
V/S
DISTRICT BASIC EDUCATION OFFICER Respondents

JUDGEMENT

(1.) THIS petition under Article 226, Constitution of India, has been filed by three Class IV employees (Bechu Lai/Petitioner No. 6, Keshlal/petitioner No. 7, Indrajeet/Petitioner No. 8), three Assistant Teachers (Misri Lal/Petitioner No. 1, Kamla Kant/petitioner No. 3 and Jabar Singh/petitioner No. 4) and Devendra Kumar Singh/petitioner No. 2 Head Master of recognised privately managed/Government aided 'Sohan lal Junior High School, Roopnarainpur,' hereafter called 'the School' governed by the provisions of U.P. Basic Education Act and Rules framed there under.

(2.) PETITIONERS contend, inter alia amongst other, that petitioners were appointed by the Management on their respective posts, working continuously therein and paid salary under law. The College was brought on grant -in -aid list w.e.f, March, 1996, the concerned District Basic Education Officer, Kaushambi, fixed their salaries refusing to accord benefit of annual increments by giving credit of annual increments on the basis of their length of services.

(3.) THE petitioners filed representation before respondent No. 1 on 28.8.1999 (Annexure -1 to the writ petition); the Zila Basic Shiksha Adhikari vide impugned order dated 23.2.2000 (Annexure -2 to the writ petition) decided aforementioned representation ignoring relevant Rules and without considering documents produced by the petitioners.