DURGAWATI DEVI Vs. ZILA BASIC SHIKSHA ADHIKARI GHAZIPUR

JUDGEMENT

(1.) B. S. Chauhan, J. The instant special appeal has been preferred by the appellants against the judgment and order dated 20th September, 1995 passed by the learned Single Judge in Writ Petition No. 26733 of 1995.

(2.) THE facts of the case as alleged by the learned counsel for the appellants are that an advertisement was made by the respon dent No. 3, the Manager of the institution on 8. 7. 85 in local newspaper advertising the three vacancies in Class IV THE appellants had applied in pursuance of the said adver tisement and an interview was held on 19. 9. 85 and three said appellants were ap pointed on the same date, Annexure 1 to the special appeal. THE said appointments were duly approved by the Additional District Basic Education Officer vide order dated 25. 9. 1985, Annexure 2 to the special and the appellants were allowed to work and they were paid their salaries upto February, 1991. THE institution was given the benefit of grants-in-aid scheme in the year 1992 and as the respondent No. 3 wanted to appoint his own men in place of the appellants, they had been restrained from working. THE ser vices of the appellants have never been ter minated nor any notice was ever served upon them. As the dispute arose between the parties, the appellants made a repre sentation before the respondent No. 1 and as the same had not been disposed of by the respondent No. 1 expeditiously the appel lants filed a writ petition No. 4352 of 1995 before this Court and the same was disposed of vide order dated 22. 2. 1995 directing the respondent No. 1 to dispose of the said representations of the appellants.

(3.) HEARD Sri A. R. Dubey, learned counsel for the appellants and Sri R. N. Rai and learned Standing Counsel on behalf of the respondents.