ASHA DEVI SAXENA Vs. D B S A

JUDGEMENT

(1.) The petitioner is an Assistant Teacher. She has preferred this writ petition for issuance of a writ of certiorari to quash the order of her termination dated 12.2.1988.

(2.) I have heard Sri B.B. Paul learned counsel for the petitioner assisted by A.B. Paul, Advocate and Sri K.S. Shukla learned counsel for the Basic Shiksha Adhikari the respondent No. 1 herein.

(3.) Learned counsel for the petitioner submits that from the perusal of the appointment letter it is established that the petitioner was appointed through proper Selection Committee by the Basic Shiksha Adhikari and after three years of service without any notice or opportunity her services have been terminated on wholly non existent grounds. He further urged that Rule 5 of The Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (in short Rules, 1981), provides that in case a teacher is not available for promotion then the post can be filled by the direct recruitment. He further urged that similarly placed Assistant Teacher is still continuing and neither any special appeal nor recall application has been filed against the judgement of this Court in Km. Alpana Misra's case.