RAM ASHISH CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) All these three special appeals have been filed against the judgment and order dated 1st May, 1998, passed by learned single Judge in Civil Misc. Writ Petition No. 33694 of 1997, whereby the learned single Judge had dismissed the writ petition.

(2.) Special Appeal No. 386 of 1998, has been filed by Ram Ashish Chaudhary and Siya Ram Yadav, whereas Special Appeal No. 389 of 1998, has been filed by Ram Sewak Warun and Ram Charan Verma and Special Appeal No. 456 of 1998, has been filed by Krishna Chandra Chaudhary against the aforementioned judgment.

(3.) Briefly stated the facts giving rise to these present special appeals are as follows : "All the appellants-writ petitioners claimed to have been appointed as teachers in the months of July and August, 1977 in Sri Ram Janki Inter College, Girdharpur, Kungai, district Siddharthnagar (hereinafter referred to as the "Institution") which was at the relevant time, a Junior High School. The Institution was upgraded as High School and thereafter as Intermediate College in November, 1989. It was brought on grant-in-aid in the year 1996. It appears that the District Basic Education Officer granted approval to the appointment of the appellants-writ petitioners some time in the months of January and February, 1984. After its upgradation as High School, the teachers of the Institution including the appellants-writ petitioners were absorbed as teachers of the High School. When the Institution was upgraded to an Intermediate College, the District Inspector of Schools passed an order dated 11.9.1991, absorbing all the teachers working in the Institution, including the appellants-writ petitioners. By an order dated 27.3.1997, the Joint Director of Education granted financial sanction to the teachers and employees of the Institution including the appellants-writ petitioners. It appears that the Committee of Management filed Civil Misc. Writ Petition No. 9942 of 1997 which was disposed of by this Court vide judgment and order dated 20th March, 1997 directing the Director of Education to decide the representation of the Committee of Management within a specified time. The present appellants-writ petitioners filed Special Appeal No. 193 of 1997, which was disposed of vide judgment and order dated 8th April, 1997, with certain directions regarding payment of salary to the appellants. Pursuant to the said directions given by this Court, the Director of Education passed an order on 7.7.1997, holding that the appellants-writ petitioners were not entitled for payment of salary. Feeling aggrieved, the appellants-writ petitioners jointly challenged the order dated 7.7.1997 by filing Civil Misc. Writ Petition No. 33694 of 1997 which was dismissed by the learned single Judge vide judgment and order dated 1st May, 1998. The judgment and order dated 1st May, 1998, is under challenge in these special appeals. "