KUSUM LATA Vs. STATE

JUDGEMENT

(1.) Petitioner before this Court was appointed as Assistant Teacher in Parishadiya Vidyalaya on 31.12.2005. According to the petitioner, in 2007 there were 181 backlog posts and against these posts the petitioner claims to have been promoted on 19.11.2007 as Headmaster under an order of the Basic Shiksha Adhikari, Etah dated 19.11.2007. Promotion granted under the orders of the Basic Shiksha Adhikari, Etah dated 19.11.2007 and dated 03.11.2007 were subjected to challenge before the High Court in Civil Misc. Writ Petition No. 65250 of 2007. The High Court by means of the judgment dated 12.12.2007 required the Secretary, Basic Shiksha Parishad, U.P., Allahabad to examine the grievance of the said petitioners. The Secretary, Basic Shiksha Parishad by means of the order dated 15.12.2008 cancelled the promotion made of 99 persons appointed on the post as Headmaster, Senior Basic Schools and 78 persons appointed on the post of Headmaster, Junior Basic Schools. In compliance thereof the Basic Shiksha Adhikari, Etah issued an order dated 31.12.2008 cancelling the promotion which were granted in favour of the petitioner.

(2.) It appears that certain other teachers, not being satisfied with the cancellation of promotion, filed Writ Petition No. 1157 of 2009, no. 865 of 2009 wherein the orders of the Secretary was set aside on the ground that it was made in violation of principles of natural justice. The Secretary, Basic Shiksha Parishad was required to pass a fresh order after affording opportunity of hearing to the parties concerned. The Secretary, Basic Shiksha Parishad under the order dated 16.06.2009 held that the promotion granted against the posts was illegal and directions had been issued to the Basic Shiksha Adhikari, Etah to cancel the promotion to that extent.

(3.) In the list of appointments which were found to be illegal, the promotion of persons mentioned from Serial No. 5 to Serial No. 104 on the post of Headmaster, Senior Basic School and from Serial No. 105 to 111 on the post of Headmaster, Junior Basic School and Assistant Teacher, Senior Basic School were mentioned. The name of the petitioner was within the serial numbers whose promotion was found to be illegal.