SHAILENDRA KUMAR MISRA Vs. STATE OF U P

JUDGEMENT

(1.) -I have heard Sri Ashok Khare, senior advocate assisted by Sri V. D. Chauhan and Sri Subodh Kumar for petitioners and Sri K. Shahi, Sri Jitendra Ojha, Sri P. D. Tripathi, Sri. R. K. Tripathi and Sri Ravi Shanker Prasad as well as Sri K. K. Rai for respondents.

(2.) THE petitioners in all these writ petitions were initially appointed as Assistant Teachers in Primary Schools run and managed by U. P. Basic Education Board (in short, the Board) on substantive posts. THEy were subsequently promoted as Head Masters, or Assistant Teachers in Junior High Schools. All the petitioners were appointed as Co-ordinators and Assistant Co-ordinators at the Block Resource Centres (B.R.C.) or in Nyaya Panchayat Resource Centres (N.P.R.C.) under the 'U. P. Education For All' project, in the year 1997-98, and in subsequent years, in pursuance of advertisements issued by the Basic Shiksha Adhikari of the District for appointments of Co-ordinators and Assistant Co-ordinators at Block Level and at Nyaya Panchayat levels through a selection committee headed by Basic Shiksha Adhikari. THEy were given training at the District Institutes of Employment and Training, and were appointed on deputation in the pay scale of Rs. 5,500-9,000 (revised to 6,500-10,500) for Co-ordinators and in the pay scale of Rs. 4,500-7,000 (revised to 5,500-9,000) for Assistant Co-ordinators.

(3.) ON 7.5.2003, an advertisement was issued by Specialist Basic Education Officer, Sidharth Nagar in daily news paper 'Dainik Jagran' inviting applications for selections for the post of Co-ordinators and Assistant Co-ordinators for B.R.C. and N.P.R.C. in accordance with Government order dated 29.6.2002. By these writ petitions, the petitioners have challenged the orders dated 27.6.2003 and the advertisement published by Expert Basic Shiksha Adhikari, Sidharth Nagar dated 7.5.2003 and have prayed that the respondents may not interfere in their functioning and payment of salary. In Writ Petition No. 38986 of 2003 the petitioners have challenged similar orders and advertisement inviting fresh applications for selection with regard to Co-ordinators/Assistant Co-ordinators in district Shahjahanpur. Similar reliefs on almost same facts have also been sought in other connected writ petitions on the same grounds.