SURENDRA KUMAR MISRA PRINCIPAL SHRI RAMRAJ PANDEY HIGHER SECONDARY SCHOOL ROHDA BASTI Vs. D I O S BASTI

JUDGEMENT

(1.) O. P. Jain, J. This writ petition has been filed by the petitioner with a prayer that the order of D. I. O S. , Basti dated 7- 5-1994 (Annexure '17') a should be quashed. By the impugned order the D. I. O. S. has ordered that the salary may be paid to respondent Ram Lautan Verma as ad hoc Head-Master of the institution. It 'has also been ordered that payment of salary will be subject to the result of the second appeal filed by respondent No. 3.

(2.) THE brief facts of the case according to petitioner are that there is a Higher Secondary School at Rohra in district Basti, which is known as "ram Raj Pandey Higher Secondary School". On 5-5-1980 the post of Principal was created by the Dy. Director of Education and on 11-6-1980 services of 8 teachers were regularised. By the same order permission was granted to advertise the post of Head-Master and two teachers. Advertisement was published in the newspaper accordingly. It is alleged in para 5 of the petition that respondent No. 3 R. L. Verma had resigned on 15-5-1980 and the registration was accepted by the Managing Committee.

(3.) THE present petitioner has not disclosed the facts before 5-5-1990. This institution was originally a Junior High School till 1977 and was up graded to a High School in that year. Respondent No. 3 R. L. Verma was the Head-Master of the Junior High School and after its upgradation he continued to work as ad hoc Head-Master of the High School. It is pointed out by the respondent No. 3, in his counter- affidavit, that the present petitioner filed writ petition No. 4309 of 1983 which was dismissed by this Court on 24th March, 1983, vide Annexure C. A-l.