DISTRICT BASIC EDU.OFFICER BAHRAICH Vs. MAMTA

JUDGEMENT

(1.) We have heard learned counsel for parties and perused the pleadings of special appeal.

(2.) This special appeal arises out of Judgment and order dated 29-10-2012 passed in Writ Petition No. 5013 (S/S) of 2011,whereby the writ petition was allowed and directions were given to appellant and other officials to consider the payment of salary of the respondent no. 1 from the date of her appointment as mentioned in the prayer clause.

(3.) The brief facts, leading to filing of this special appeal, are that post of Head Master of the school fell vacant on 30.6.2009 when the incumbent of the said post retired after attaining the age of superannuation. Manager of the Committee of the management of the School vide letter dated 15.10.2009 wrote to the District Basic Education Officer that as the post of Head Master of the School has fallen vacant on 30.6.2009, therefore, the permission be granted to the Management to advertise the said post in accordance with the statutory prescriptions of Uttar Pradesh Junior High Schools (Recruitment and Conditions of Service of Teachers) Rules, 1978 (for short the Rules of 1978). The District Basic Education Officer vide letter dated 4.11.2009 granted permission to the Management of the School for advertising the post of Head Master of the School. Post of Head Master of the School was advertised in daily newspaper, 'Jan Morcha' dated 8.11.2009 having the State-wide circulation and in local daily newspaper, 'Dainik Elora Times' dated 7.11.2009 having circulation in the locality in which the School is situated. Manager of the Committee of the Management of the School vide letter dated 1.12.2009 requested the District Basic Education Officer to send his nominee for the selection scheduled for 6.12.2009 as required under Section 9-A (1) of the Rules.