SUNDER LAL SHARMA Vs. ZILA BASIC SHIKSHA ADHIKARI

JUDGEMENT

(1.) Both these writ petitions arise out of common facts and with the consent of the learned counsel for the parties they have been heard together and are being decided by a common judgment at this stage.

(2.) Civil Misc. Writ Petition No. 7374 of 1988 has been filed for a direction to the respondents to make the payment of salary to the petitioner as Assistant Teacher and Civil Misc. Writ Petition No. 13553 of 1988 has been filed for quashing the order dated 6.4.1988 whereby the District Basic Shiksha Adhikari, Ghaziabad, has cancelled the approval earlier granted for the transfer of the petitioner.

(3.) The facts in brief relevant for the decision of these writ petitions are that the petitioner was appointed as permanent Assistant Teacher in Junior High School in the year 1981. His appointment was initially made in Baba Mohan Ram Bharat Singh Kisan Madhyamik Vidayalaya, Peer Nagar, district Ghaziabad, which was duly approved by the District Basic Shiksha Adhikari, Ghaziabad. In 1987, the petitioner moved an application for being transferred to Janhit Madhyamik Vidyalaya Shyampur Jatt, Post Kithor, district Ghaziabad. After obtaining the consent of the management of both the institutions, the District Basic Shiksha Adhikari, on 30.10.1987, passed an order under Rule 18 of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, approving the transfer of the petitioner to Janhit Madhyamik Vidyalaya Shyamput Jatt. In view of such approval having been granted, the petitioner joined the said institution as Assistant Teacher on 1.11.1987. Subsequently, an objection was raised by the Accounts Officer working in the office of District Basic Shiksha Adhikari, Ghaziabad and vide communication dated 2.1.1988, he wrote to the District Basic Shiksha Adhikari, Ghaziabad, that the order dated 30.10.1987 may be reviewed and cancelled. However, the District Basic Shiksha Adhikari on 14.1.1988 turned down the request of the Accounts Officer as contained in his letter dated 2.1.1988. Since, despite the transfer of the petitioner having been duly approved by the competent authority, the respondents were not paying the salary to the petitioner, the petitioner filed Civil Misc. Writ Petition No. 7374 of 1988. In the said writ petition, on 21.7.1988, an interim direction had been issued to the respondent Nos. 1 and 2 to pay salary to the petitioner or show cause. It has been stated that in response to the said interim order, the salary of the petitioner is being regularly paid.