VIMAL KUMAR PANDEY Vs. BASIC SHIKSHA ADHIKARI AURAIYA

JUDGEMENT

(1.) SRI Ram Kishore Pandey was a permanent employee in the Pandit Nehru Madhyamik Vidyalay Baharpura, Auraiya and died in harness on 15 -9 -1997. Sri Vimal Kumar Pandey (hereinafter called the petitioner) was the only son of the deceased and applied for an employment on compassionate ground under the Dying in Harness Rules. Since the petitioner was duly qualified and eligible to be appointed as an Assistant Teacher, hence his application was forwarded to the Mandaleeya Sahayak Shiksha Nideshak (Basic) Kanpur Region, Kanpur vide a letter dated 27 -10 -1997. A Selection Committee was constituted on 18 -12 -1997 and the petitioner's name was recommended for an appointment as an Assistant Teacher. Based on the recommendation of the Selection Committee, the District Basic Shiksha Adhikari by his letter dated 18 -12 -1997 directed the Committee of Management to appoint the petitioner as an untrained teacher on a fixed pay of Rs.850/ -per month. On the basis of the aforesaid direction of the District Basic Shiksha Adhikari, the Committee of Management issued an appointment letter dated 22 -2 -1997 appointing the petitioner as an untrained teacher. Accordingly, the petitioner joined as an untrained teacher and was paid the salary till 30 -5 -1998.

(2.) ON account of the change of the Manager, the new Manager, respondent No.3, passed an ex -parte order dated 30.5.1998 cancelling the appointment of the petitioner as an untrained teacher on the ground that the petitioner could not be appointed as a teacher under the Dying in Harness Rules as per the judgment of the Allahabad High Court.

(3.) IN spite of the order of the Basic Shiksha Adhikari dated 9 -11 -11998, the petitioner was not allowed to join and accordingly the petitioner filed a writ petition No. 43219 of 1998 praying for a writ of mandamus directing the respondents to pay the salary alongwith the arrears and further prayed that he should be permitted to work as a teacher in the institution. The aforesaid writ petition was entertained and an interim order dated 15 -1 -1999 was passed directing the respondents to pay the salary provided the order of the Basic Shiksha Adhikari dated 9 -11 -1998 had not been recalled by any appropriate authority or by a court. Inspite of this interim order, the Committee of Management did not permit the petitioner to join the institution nor was paid his salary. Instead, the Committee of Management after ten months filed a writ petition No. 49586 of 1999 for quashing the order dated 18 -12 -1997 by which the Basic Shiksha Adhikari had directed the Committee of Management to issue an appointment letter in favour of the petitioner as well as the order dated 9 -11 -1998, whereby the Basic Shiksha Adhikari directed the Committee of Management to reinstate the petitioner. The Committee of Management further prayed that a writ of mandamus be issued declaring that the appointment of the petitioner as an untrained teacher in Dying in Harness Rules was void and without jurisdiction.