VEERA NATH Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) This writ petition has been filed with a prayer for quashing the order dated 5.12.2001 passed by respondent No. 1 as well as the consequential orders dated 29.12.2001 and 5.2.2002 passed by the District Inspector of Schools-II, Allahabad and respondent No. 4 institution respectively. A further prayer has been made for a direction to the respondents to pay regular salary of Assistant Teacher to the petitioner.

(2.) Brief facts relevant for the purposes of decision of this writ petition are that on the retirement of one Smt. E. M. David an Assistant Teacher in the primary section of the respondent No. 4 institution on 30.6.1996, a vacancy occurred on the post of Assistant Teacher. By letter dated 6.11.1996, the respondent No. 4 institution sought permission from the respondent authorities for filling up the aforesaid vacancy of Assistant Teacher in the B.T.C. grade. On 19.2.1997 the Deputy Director of Education, Madhyamik, Region IVth, Allahabad accorded permission to the institution for advertising and filling up the said substantive vacancy in B.T.C. grade. The respondent No. 4 institution thereafter advertised the vacancies in two local newspapers on 26.2.1997. After undergoing the selection process, the petitioner was declared selected and was issued the letter dated 13.5.1997 appointing her as Assistant Teacher B.T.C. grade. It is admitted that ever since her appointment, the petitioner has been continuously discharging her duties as Assistant Teacher, B.T.C. grade in the institution of respondent No. 4. The respondent-institution thereafter on 20.5.1997 submitted the papers for financial approval before the Deputy Director of Education. Since the respondent authorities have by the impugned orders refused to grant financial approval, this writ petition has been filed challenging the said orders and also for a direction to pay the salary to the petitioner.

(3.) Having heard Sri Sandeep Saxena, learned counsel appearing for the petitioner as well as learned standing counsel appearing for the State-respondent Nos. 1, 2 and 3 and Sri A. D. Saunders, learned counsel appearing for the respondent No. 4-institution and on perusal of the record and considering the facts and circumstances of the case, in my view the impugned orders passed by the respondent authorities deserve to be quashed and the petitioner would be entitled for payment of salary as Assistant Teacher B.T.C. grade from the date of her appointment on 13.5.1997.