ISRAR MOHAMMAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS special appeal has been filed by the appellant-petitioner against the judgment and order dated 20.10.2008 passed by learned single Judge in Writ Petition No. 54217 of 2008, Israr Mohammad v. State of U. P. and others by which the petition filed by the petitioner has been dismissed.

(2.) THE facts giving rise to this appeal are that the petitioner was initially appointed on 19.9.1985 as Assistant Teacher in the Junior Basic School. In the year 1996, he was appointed as Sankul Prabhari while he was working as Assistant Teacher. In the year 2005, the petitioner was promoted on the post of Headmaster. After promotion on the post of Headmaster, he was again appointed as Sankul Prabhari, Karwa Buzurg on 31.8.2005 by the District Basic Education Officer, Etawah. THE petitioner's appointment on the post of Sankul Prabhari was cancelled by the District Basic Education Officer, Etawah vide order dated 27.9.2008 on the ground of certain lapses on the part of the appellant with regard to the distribution of scholarship in the Junior Basic School and Senior Basic School Karwa Buzurg whereas the direction was issued to distribute the scholarship well within time. Another ground for cancellation to the appointment was that inspite of specific instructions for white washing of the school building from cement it was whitewashed by lime.

(3.) LEARNED standing counsel also points out that the Government order dated 29.6.2002 was challenged before this Court through various petitions and this Court had dismissed the writ petitions on 9.4.2004. The number of leading writ petition happens to be 27778 of 2003, Shailendra Kumar Misra and others v. State of U. P. and others.