VIMAL KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing on behalf of State-respondents.

(2.) This writ petition has been filed praying for quashing of the impugned order dtd. 22/10/2021 passed by Basic Education Officer, Auraiya, respondent no.3, refusing to grant bonus, increments, selection grade and suspension allowance to the petitioner. Further prayer has been made for directing the aforesaid respondent to grant bonus and increment from 22/12/1997; selection grade from 2007 and arrears of salary from 22/1/1997 to 22/12/2002 with regard to untrained grade and make payment of interest at the rate of 10 % on the delayed payment of the aforesaid amount.

(3.) The brief facts of the petition are that the petitioner was appointed as Assistant Teacher untrained grade under Dying-in- Harness Rules on 27/10/1997 in Pandit Nehru Madhyamik Vidyalay, Bhararipur, Auraiya, a duly aided and recognized institution. The respondent no.3, Basic Education Officer, Auraiya, by the order dtd. 30/5/1998, terminated the services of the petitioner without following any procedure prescribed under law but by the order dated 09.11.19998, the Joint Director of Education (Basic), Kanpur Region, Kanpur, set aside the termination order, but the petitioner was not allowed to join the institution. Hence he preferred a Writ Petition No. 43219 of 1998, wherein interim order was passed in favour of the petitioner. Thereafter, Head Master of the institution filed Writ Petition No. 49586 of 1999 challenging the same order dtd. 9/11/1998. Both petitions were clubbed together and while the petition of the petitioner was allowed, the petition of Head Master was dismissed by this Court vide order dtd. 13/9/2004. The Head Master of the institution also preferred a Special Appeal against the judgement and order dtd. 13/9/2004, which was dismissed and thereafter after filing of contempt petition, the petitioner was permitted to join his duties in the institution. He was permitted to join, but never granted the benefits of trained grade and other benefits and hence he filed Writ Petition No. 67145 of 2006, which was allowed by the order dtd. 25/1/2010 directing the respondents to grant trained grade to the petitioner. The aforesaid order of this government dtd. 25/1/2010 was subjected to Special Appeal and it is still pending.