MAHESH PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is Assistant Teacher. He is aggrieved by the order dated 1.6.1995 passed by Deputy Director of Education-II, (Secondary), respondent No. 3 whereby the representation of the petitioner for regularization has been rejected. A brief reference to the factual aspect would suffice. Adarsh Higher Secondary School, Jirauli Heera Singh, Aligarh is a recognized institution. The education is imparted upto the level of High School. It receives aid from the State fund. The provisions of U.P. Intermediate Education Act, 1921 and the provisions of High Schools and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971 are applicable to the institution.

(2.) It is stated that the petitioner was appointed in the institution as Assistant Teacher in 2/3rd of L.T. Grade on 1.9.1970. The District Inspector of Schools has accorded his approval on 17.12.1971. A copy of the approval letter, passed by the District Inspector of Schools is annexed as Annexure 2 to the writ petition. The petitioner had applied leave without pay for doing his Ph.D. and B.Ed., which was granted to him and after completion of his Ph.D & B.Ed., he again joined the institution.

(3.) The District Inspector of Schools in response to D.O. letter dated 14.2.1978 from the office of Deputy Director of Education-II, (Secondary), in his communication dated 21.2.1980 has stated that the petitioner and one Rejendra Kumar Singh were appointed as Assistant Teacher in accordance with the rules then enforced and as such, they were entitled for regularization.