COMMITTEE OF MANAGEMENT, TYAGI UCHCHATAR MADHYAMIK VIDYALAYA ISMAILPUR, MAHARAUNDA, ALLAHABAD Vs. SECRETARY, U.P. BASIC EDUCATION BOARD, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the order dated 24th Dec., 1981 passed by the District Basic Education Officer, Allahabad, respondent No. 2 directing to reinstate respondent No. 3 in service as Assistant Teacher in Tyagi Uchchatar Madhyamik Vidyaiaya, Ismailpur, Maharaunda, Allahabad (hereinafter referred to as the School') and the order dated 31-8-1984 passed by the Secretary U.P. Basic Education Board, Allahabad dismissing the appeal as not maintainable against the said order.

(2.) The facts in brief are that the school is alleged to have been established in the year 1972 as a Junior High School imparting education from Class 6th upto Class 8th. Respondent No. 3 was appointed as a teacher in the said school in the year, 1972. The school was granted recognition on 11-3-1976 by the U.P. Basic Education Board on certain conditions. Condition No. 10 provided that in place of untrained teachers, trained teachers should be appointed. The Management in view of the said condition, terminated the services of respondent No. 3, by order dated 18-5-1976 without obtaining prior approval of the District Basic Education Officer. Respondent No. 3 made representation before respondent No. 2 against the order of termination. On 10-11-1976 respondent No. 1 issued a show-cause notice to explain why respondent No. 3 was not paid his salary for the month of May and June and why two untrained teachers have been appointed during the session. The Management submitted a reply on 15-11-1976. Respondent No. 2 passed an order on 3-2-1978 directing the Management to pay salary to respondent No. 3 for the month of June, 1976. Respondent No. 3 filed suit No. 1961 of 1980 for declaration that the order of termination dated 30-6-1976 was invalid and consequential relief was also claimed. The Trial Court dismissed the suit on 18th Nov., 1981. Respondent No. 3 filed Civil Appeal No. 62 of 1982.

(3.) In the meantime respondent No. 2 passed an order on 2/4th Dec., 198 i directing the petitioner to reinstate respondent No. 3 from the date of termination of the service. The petitioners filed an appeal against the said order before the Secretary, U.P. Basic Education Board, but the same was dismissed as not maintainable by order dated 31st Aug., 1984. Respondent No. 3 after the order dated 4-12-1981 was passed moved an application in Appeal No. 62 of 1982 before the appellate Court for withdrawal of his appeal as well as the suit filed by him. His application was allowed by appellate, court on 16-4-1982 and permitted respondent No. 3 to withdraw the appeal and the suit. This order has become final.