COMMITTEE OF MANAGEMENT SUKH DEVI BALIKA UCHCHATAR MADHYAMIK VIDYALAYA, ETAWAH Vs. DY. DIRECTOR OF EDUCATION AND OTHERS

JUDGEMENT

(1.) Facts giving rise to these writ petitions are interwoven and as such, these petitions can conveniently be disposed of by a common order.

(2.) Writ Petition Nos. 7064/1984 and 7065/84 have been filed by Smt. Pushpa Saxena and Km. P. Gaur respectively, while the third one namely, Writ Petition No. 44001 of 1992 has been filed by the Committee of Management, Sukh Devi, Uchhattar Madhyamik Vidyalya, Mandir Mahewa, District Etawah, through its Manager an institution duly recognised under the provisions of the U.P. Intermediate Education Act, 1991 and the Regulations made thereunder. The Institution was previously recognised as Junior High School, which was ungraded to the status of High School and recognised as such with effect from 3rd of Oct., 1974. Primary Sec. i.e. from Class 1 to Class 5, is also attached to the Institution, affairs of which are managed by the same Committee of Management. Smt. P. Saxena and Km. P. Gaur were appointed in the Institution as Asstt. Teachers in C. T. Grade pursuant to their selection for appointment on the basis of interview held by the selection committee on 25-6-1978. As would appear from the records, Km. Prabha Gaur joined her duties on 4-7-1978, whilst Smt. P. Saxena at a letter date on 13-7-1978. Separate appointment letters dated 1-7-1978, which have been annexed as Annexure-1 to their respective petitions, are said to have been issued in their favour while the stand taken by the Committee of Management is that though they were appointed in the Institution as Asstt. Teachers in C.T. Grade, but no formal letters of appointment were issued in their favour. The services of Smt. Pushpa Saxena and Km. Prabha Gaur were terminated w.e.f. 20-4-19 84 by means of separate notices by the Manager vide letters dated 15-4-1984 (annexed as Annexures 13 and 14). The two notices identically worded and read as below :

(3.) Writ Petitions No. 7064 of 1984 and No. 7065 of 1984 came up before me on 7-5-1987 and since it transpired that the Committee of Management had not been served in any of the two writ petitions, this Court, on the aforesaid date, directed the petitioners, namely, Smt. Pushpa Saxena and Km. P. Gaur to take steps for services of notices upon the Committee of Management and the petitions were directed to be listed as part heard on 28-9-1992. Meanwhile, teacher petitioners were directed to approach the Dy. Director of Education (Secondary-I Shiksha Nide-shalay, U. P. Allahabad) who was called upon to look into the matter and decide the controversy by a reasoned order in the context of the D. O. letter dated 11-4-1984 written by Smt. Kumud Lata Singh the then R.I.S.S. Allahabad Sri M. A. Mani, the then Director of Education (Secondary-1) Shiksha Nideshalay U. P. Allahabad. It is in pursuance of the said direction that the Deputy Director of Education (Secondary-3) passed an order on 13-10-1992 after notice to both the parties. The legality, validity and propriety of the order dated 12-10-1992 is under challenge in the Writ Petition No. 44001 of 1992 filed by the Committee of Management.