RAM RATAN PATHAK Vs. DISTRICT BASIC EDUCATION OFFICER

JUDGEMENT

(1.) Seeking remedy of putting signature on the attendance register and payment of appears and current salary this writ petition was filed. Contentions made in the writ petition are that the petitioner was appointed as a clerk on 15.7.1982 in Sri Nand Ram Gupta, Junior High School, Rirua, Tahsil Oral, district Jalaun by the Committee of Management and his appointment was approved by the Basic Education Officer by order dated 10.1.1985. As the petitioner was being harassed and was not being allowed to put signature on the attendance register he made representations. As at the time of initial appointment under pressure the petitioner was made to give an undated resignation letter, the petitioner apprehending the misuse of the said resignation letter sent a registered letter dated 26.6.1991 to the respondent No. 1 District Basic Education Officer. On the basis of the said representation the respondent No. 1 directed the District Inspector of Girls Schools for conducting enquiry and submitting her report thereafter. After the enquiry detailed report was submitted to the respondent No. 1 with a recommendation that the petitioner may be allowed to put signature on the attendance register and he may be paid salary. A copy of the report has been annexed at Annexure-6 to the writ petition. The District Basic Education Officer the respondent No. 1 on the basis of the said report directed the Management of the School to allow the petitioner to put his signature on the attendance register within a week holding that in respect of the resignation letter prior approval was required. As still then the petitioner was not getting relief, this writ petition was filed.

(2.) Counter-affidavit was filed on behalf of the respondent No. 1 and a separate counter-affidavit was filed on behalf of the respondent Nos. 2 and 3. A supplementary counter-affidavit was also filed by the respondent Nos. 2 and 3. The petitioner filed rejoinder-affidavit.

(3.) Heard Mr. R.C. Srivastava, learned Counsel for the petitioner and Mr. V.S. Dwivedi, learned Counsel for the respondent Nos. 2 and 3.