PRATAP SINGH Vs. D.I.O.S.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel appearing for the contesting respondents. By means of present petition under Article 226 of the Constitution of India, the petitioner challenges the validity of the order dated 20.5.1986, whereby the services of the petitioner have been terminated.

(2.) IT appears that the petitioner was working as an Assistant Teacher in the primary section of the Institution known as Gandhi Faiz -Aam Technical Uchchattar Madhyamic Vidyalaya Asalatganj, Kanpur Dehat. In the said institution there were two sections, one the primary section and the other Junior High School. Petitioner was, without following the procedure provided under the law for appointment of an Assistant Teacher of Junior High School, permitted to teach classes in Junior High School. Subsequently, the junior High School section was up -graded as High School on 1.8.1972. Therefore, the services of the teachers who were teaching in the Junior High School section were regularised, but the services of the petitioner were terminated. Petitioner claimed that he was entitled to continue as Assistant Teacher in the High School. The claim of the petitioner was not accepted by the respondents. He, therefore, approached this Court and filed the present petition.

(3.) LEARNED counsel for the petitioner also submitted that the claim of the petitioner atleast to continue in primary section in the institution should have been accepted by the authorities as he has put in more than ten years service in the primary section.