RAM NATH MISRA Vs. ZILA BASIC SIKSHA ADHIKARI

JUDGEMENT

(1.) HEARD Sri T. N. Tripathi, the learned counsel for the petitioner, Sri R. S. Misra, the learned counsel for the respondent no. 3, Sri S. N. Shukla, the learned counsel for the respondent no. 2 and the learned Standing Counsel for the respondent no. 1. Though the petition has not been admitted formally the requisite affidavits have been exchanged. The facts are clear and the petition can be disposed of finally. We, therefore, with the consent of the learned counsel proceed to" decide the petition finally.

(2.) THE petitioner was Head Master at Daya Nand Junior High School, Panika Bazar, Tahsil Salempur, District Deoria. It appears, he absented from duty with effect from 17th October, 1979 without any leave. In December, 1979 he applied for grant of leave. THE prayer was rejected and the petitioner was required to join. THE petitioner did not join Consequently, by means of an order dated 5th February, 1980 the services ot the petitioner were terminated. THEreafter, the manager of the institution, vide his letter dated 27-5-1981, applied to the District Basic Education Officer, Deona for permission to advertise the vacancy caused due to the termination of the services of the petitioner and hold selection therefor. THE permission sought for was granted vide letter of the District Basic Education Officer, Deoria dated 22-6-61. THEreupon, a regular selection was held wherein Sri Ravmdra Singh, the respondent no. 3, was selected and the selection was duly approved by the District Basic Education Officer through his letter dated 13-1-1982. Since then the respondent no. 3 is working as Head Master of the School without any challenge from anybody, including the petitioner.