MASHHOOR AHMAD ETC Vs. STATE OF U P

JUDGEMENT

(1.) All the aforesaid writ petitions relate to common question of fact and law hence they are being decided by a common order.

(2.) In order to appreciate the controversy involved in all these writ petition, the facts as culled out are that Public Higher Secondary School, Amthari Nighuri, Post Sant Kabir Nagar (hereinafter referred as the Institution) was initially established as a Junior High School in the year 1977 with temporary recognition as a Junior High School. It was granted permanent recognition as a Junior High School in the year 1980 and High School in the year 1983. It was not receiving grant in aid till 1.4.1996. It is only w.e.f. 1.4.1996 that it was brought on the grant in aid and within the purview of U.P. Act No. 24 of 1971. At the time of its initial creation there did not exist any statutory rules governing the recruitment and appointment in the said Junior High School. Rules were framed for the first time as U.P. Recognised Basic Schools (Junior High Schools ) (Recruitment and Conditions of Service of Teachers) Rules 1978 promulgated by the notification dated 13.2.1978.

(3.) Petitioners are alleged to have been appointed on teaching and non-teaching posts in the Institution to which approval was granted to the appointment of petitioners by the Basic Shiksha Adhikari by an order dated 28.8.1981. They are alleged to have been appointed against the duly sanctioned post. Ever since their appointment petitioners are continuously working and discharging their duties. It seems that Deputy Director of Education, VIIth Region proceeded to sanction teaching post for the Institution as a consequent thereto the Deputy Inspector of Schools (DIOS) vide his order dated 19.2.1991 accorded approval to the members of the teaching and non teaching staffs against such sanctioned posts. After the Institution was brought on the grant in aid, Regional Joint Director of Education VIIth Region, Gorakhpur vide his order dated 27.3.1997 accorded sanction to the members of the staff for receiving salary from government grant in accordance with the provisions of UP Act No. 24 of 1971.