JAISHREE SAXENA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) HEARD Mr.Sunil Sharma, learned counsel for the petitioner and learned Standing Counsel as well as Mr.Manish Mathur, learned counsel for opposite party No.3.

(2.) THROUGH the instant writ petition the petitioner has prayed for issuing a writ of mandamus commanding the opposite parties to pay the salary including arrears for the post of Lecturer Psychology alongwith the interest.

(3.) THE petitioner is a duly selected candidate by the Uttar Pradesh Secondary Education Service Selection Board. Alongwith the petitioner one Amita Goswami was also selected and both of them were directed to be appointed in the Institution in question, but since two ad hoc teachers, namely, Km.Anjali Srivastava and Smt. Sayeeda Jafri, who were terminated on 5.9.1984, filed writ petitions before this court and also succeeded to get interim orders, therefore, by the Committee of Management of the Institution, the selectees were not allowed to join. However, it is stated that they were permitted to join on 5th of September, 1984. The petitioner continued to teach in the Institution till 20th of May, 1985, but no salary was paid to her on the pretext that the writ petitions filed by the ad hoc appointees are pending before this court. The writ petition No.3777 of 1984 filed by Smt. Sayeeda Jafri was dismissed on 3.6.1996 and the writ petition No.3939 of 1984 filed by Km. Anjali Srivastava was dismissed on 15.10.1999. Meanwhile Smt. Sayeeda Jafri has also filed one another writ petition, which too was dismissed on the same date. In the result the petitioner was again permitted to join on the post of Lecturer Psychology on 29th of October, 1999, whereas another selected candidate Amita Goswami did not join. Km. Anjali Srivastava and Smt.Sayeeda Jafri also filed Special appeals against the judgment and orders passed by the Hon'ble Single Judge. The appeal filed by Smt. Sayeeda Jafri was dismissed and appeal filed by Km. Anjali Srivastava was allowed with the direction to the respondents to regularize her services on another vacant post of Lecturer in Psychology. Since another selected candidate, namely, Amita Goswami did not turn up to join at the second time, the second post of Lecturer Psychology remained vacant, against which Km. Anjali Srivastava was allowed to work and also paid.