AJAY PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Shailendra Kumar Singh, learned Chief Standing Counsel and Sri Vivek Shukla, learned Additional Chief Standing Counsel for the State and perused the material placed on records.

(2.) By means of instant writ petition, the petitioner has assailed the order dtd. 2/6/2015 passed by the Deputy Director of Education,Lucknow Region, Lucknow and the order dtd. 13/8/2015 passed by the opposite party no. 1.

(3.) Contention of learned counsel for the petitioner is that the petitioner was initially appointed on the post of Assistant Teacher C.T. Grade on 1/8/1972, and subsequently, he was treated as Assistant Teacher in L.T. Grade in Narvadeshwar Inter College, Rambagh, Raebareli(hereinafter referred to as 'Institution'). The institution is recognized by the U.P. Intermediate Education Board and imparts education upto Intermediate Classes and the provisions of Intermediate Education Act, 1921 (hereinafter referred to as 'Act, 1921'), U.P. Secondary Education Service Selection Board Act, 1982(U.P. Act No. 5 of 1982) as well as the U.P. High School and Intermediate College(Payment of Salaries to Teachers and other Employees) Act, 1971, are applicable on the teaching and non teaching staffs of the institution. Further submitted that the work and conduct of the petitioner was always above the board, but, unfortunately, in the year, 1977, he was falsely implicated in a murder case, wherein the petitioner was sentenced for life imprisonment vide Judgment and order dtd. 12/5/1981, whereafter, an appeal was preferred by the petitioner and he was released on bail. Thereafter, the petitioner joined the institution and kept on working and was getting salary, regularly. He next submits that the petitioner was sent to jail at the time, when the first information report was lodged and later on, when he was punished and he communicated it to the institution,but, no departmental enquiry was contemplated against him, however, he was being paid salary, except apart the period he remained in jail.