COMMITTEE OF MANAGEMENT GIRLS JUNIOR HIGH SCHOOL BINDRA BAZAR AZAMGARH Vs. LEKHADHIKARI KARYALAYA ZILA BASIC SHIKSHA ADHIKARI AZAMGARH

JUDGEMENT

(1.) S. P. Srivastava, J. Girls Junior High School, Bindra, Bazar Azamgarh is a Junior High School recognised under the provisions of u p" Basic Education Act, 1972 and falls within the purview of U. P. Junior High School (Payment of Salary to Teachers and Employees) Act 1978 Smt Shanti Vishwakarma, the respondent No. 3 in Civil Misc. Writ Petition No. 5283 of 1995 held the post of Head Mistress of the aforesaid Junior High School, the Committee of Management running and managing the aforesaid institution issued an order dated 25-4-1994 suspending her with immediate effect pending contemplated disciplinary enquiry against her The District Basic Education Officer, however, vide his order dated 30-1 1995 after holding an enquiry himself, being of the view that the charges levelled against the Head Mistress had no force and the order of suspension was baseless and further there was no occasion for the diminution in-emoluments to which the Head Mistress was entitled to, directed the Management in ensure that Smt. Shanti Vishwakama, the Head Mistress was paid fun salary admissible to a Head Mistress.

(2.) ON 31-1-1995, the District Basic Education Officer passed another order of consequential nature whereunder taking into consideration the implications arising under the order dated 30-1-1995 he refused to r and attest the signature of Smt. Prabhawati Devi as acting Head Miss of the Junior High School Mistress

(3.) LEANED counsel for the petitioner and the learned counsel for Smt. Shanti Vishwakarma as well as the learned Standing Counsel represent ing the District Inspector of Schools and other respondent had jointly requested that considering; the facts and circumstances of the case and the nature of the controversy involved therein both the writ petitions may be finally heard and disposed of. These writ petitions were heard together and are being disposed of by a common order.