VIBHA SHUKLA Vs. DIRECTOR OF EDUCATION BASIC ALLAHABAD

JUDGEMENT

(1.) By means or this writ petition, the petitioners have prayed for quashing the order dated 1.1.2001, passed by the Basic Shiksha Adhikari, Kanpur Nagar and consequential order dated 10.1.2001, passed by the Manager of the College (Annexures-5A and 5B to the writ petition) to the effect that now the petitioners are not to continue in service.

(2.) The petitioners claim to be appointed as Assistant Teacher in P.A.V. Balika Junior High School, Nirala Nagar. Kanpur Nagar (hereinafter referred to as the College) in pursuance of the selection which took place on 7.11.1996. It has been claimed that after the approval having been accorded by the Basic Shiksha Adhikari by letter dated 14.11.1996, appointment letters were issued to the petitioners, pursuant to which they joined on their posts. The petitioners started getting their regular salary but thereafter, by order of Basic Shiksha Adhikari dated 1.1.2001, payment of salary to the petitioners has been stopped on account of which order dated 10.1.2001 came to be passed by the respondent No. 6. It is these two orders of the respondent Nos. 4 and 6 which are under challenge in this writ petition before this Court.

(3.) Learned counsel for the petitioners submits that the petitioners' appointment on the posts in question was perfectly valid and they were duly appointed on the post so created by the Basic Shiksha Adhikari vide letter dated 20.7.1985. Learned counsel for the petitioners submits that as the petitioners' selection was duly approved, and they started receiving their salary, passing of the impugned order by the respondents without affording any opportunity to the petitioners is clearly illegal and therefore, it has been argued that the impugned orders deserve to be quashed. Learned counsel who appeared on behalf of the respondents on the fact so stated in the counter-affidavit has submitted that in fact, posts were never created by the Basic Shiksha Adhikari by its order dated 20.7.1985 and in fact, the said order was never issued from the office of the Basic Shiksha Adhikari. It has also been pointed out that otherwise also, the Basic Shiksha Adhikari at no point of time was competent to issue order for creation of posts and the management in collusion with educational authorities, appears to have proceeded in the matter and therefore, as there was no post available on which the petitioners can claim their selections, the respondents have rightly passed the impugned orders by which the petitioners' salary was stopped. In view of the aforesaid submissions, the pleadings as has been set forth in the writ petition, the materials which are available on record have been examined.