SHEELA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has laid challenge to the order passed by the District Inspector of Schools, Budaun (for short, "the DIOS") dated 02 January 2009, whereby the petitioner's post retiral benefits and other benefits have been withheld on the ground that a Special Appeal is pending. The said order has been passed by the DIOS on the basis of the opinion obtained by him from the District Government Counsel (Civil) [for short, "the DGC"]. The essential facts are that the Chiraunji Lal Dharmpal Kanya Uchchatar Madhyamik Vidyalaya, Dataganj, Budaun (for short, "the Institution") is a recognized and aided Institution. It receives aid up to the High School level. The provisions of the U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921), U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971) and the U.P. Secondary Education (Services Selection Boards) Act, 1982 (U.P. Act No. 5 of 1982) are applicable to the Institution.

(2.) The petitioner was initially appointed in the Institution when the Institution was up to the level of Junior High School. She was appointed as Assistant Teacher in C.T. grade on 01 July 1974. After the upgradation of the Institution up to the level of High School she was absorbed as an Assistant Teacher in L.T. Grade in the Institution and from 10 December 1982 she was granted ad hoc promotion as Headmistress of the High School.

(3.) From the record it transpire that she was subjected to the disciplinary proceeding, the Committee of Management proposed dismissal of the petitioner. The said proposal was sent to the U.P. Secondary Education Services Selection Board (for short, "the Board") in terms of Section 21 of the U.P. Act No. 5 of 1982. The Board after affording opportunity to the petitioner and the Committee of Management modified the proposed punishment of dismissal by withholding two increments of the petitioner vide order dated 13 April 2007.