COMMITTEE OF MANAGEMENT ARYA KANYA PATHSHALA INTERMEDIATE COLLEGE LUCKNOW Vs. JOINT DIRECTOR OF EDUCATION WOMEN ALLAHABAD

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India, petitioner, the Committee of Management Arya Kanya Pathshala Intermediate College. Badshahnagar. Lucknow, prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 22.5.1982 passed by Regional Inspectress of Girls Schools. VIth Region. Lucknow, the resolution of Committee of Management to terminate the services of respondent No. 5, the order dated 11.2.1984 passed by Joint Director of Education Government of U. P., Allahabad, dismissing the appeal filed by the petitioner against the order dated 22.5.1982 under Section 16G of the U. P. Intermediate Education Act (for short the 'Act') and the consequential orders dated 1.3.1984 and 20.3.1984 contained in Annexures-31 and 32 to the writ petition, passed by respondent No. 2.

(2.) Facts of the case as borne out from the record of the case are that respondent No. 5 was appointed as C.T Grade (P.T.) teacher in the college, after following the procedure prescribed for the same, on one year's probation. On 7.7.1980 the said respondent joined her duties in the College. Before completion of one year, Principal of the College submitted a report against respondent No. 5 that he absented from duty from 18.4.1980 to 21.9.1980 without leave, it would, therefore, be not in the interest of institution, to confirm her services. On the basis of the said report dated 24.1.1981. Committee of Management of the College, on 29.5.1981 resolved to terminate the services of respondent No. 5. Papers relating to the aforesaid proposal to terminate the services of respondent No. 5 were submitted before Regional Inspector of Girl Schools-respondent No. 2. The respondent No. 2 in turn asked the management regarding details of the charges against respondent No. 5. The management submitted the record of the case to respondent No. 2, the respondent No. 2 thereafter issued a show cause notice/charge-sheet to respondent No. 5 calling upon her to submit her explanation, failing which it was stated, that the charges shall be deemed to have been proved. Respondent No. 5 on receipt of the charge-sheet/notice, submitted her reply on 31.12.1981. The respondent No. 2, thereafter, directed the petitioner to pay her salary and permit her to discharge her duties. On the other hand, petitioner sent reminder to respondent No. 2 to accord approval of the termination of respondent No. 5. The resolution to terminate the services of the respondent No. 5 was received in the office of respondent. The respondent No. 2, however, for the reasons recorded in her order, disapproved the resolution passed by the Committee of Management of the college, vide order dated 22.5.1982. It was held that on expiry of the period of probation, services of respondent No. 5 stood confirmed, and could not be terminated except in accordance with law. Challenging the validity of the order passed by respondent No. 2, petitioner filed an appeal before respondent No. 1, the respondent No. 1 sent for comments of respondent No. 5 and also for the record of the case from the office of respondent No. 2. On 24.11.1982, respondent No. 5 submitted her comments on the appeal filed by the petitioner against her. After hearing the parties and perusing the record of the case, respondent No. 1 dismissed the appeal filed by the petitioner and confirmed the order passed by respondent No. 2, holding that services of respondent No. 5 were terminated without following the procedure prescribed under the law. It was held that the order of termination under the facts and circumstances of the case, was an order of punishment, which was passed without following the procedure prescribed under law and that services of respondent No. 5 on expiry of the period of probation stood confirmed. Against the orders passed by respondent No. 1 dated 11.2.1984 and the order passed by respondent No. 2 dated 22.5.1982, present petition was filed in this Court.

(3.) This Court on 7.5.1984 admitted the writ petition and also stayed the implementation of the impugned order, till next date fixed. Respondent No. 5 filed counter-affidavit and also applied for vacation of the interim order. After hearing the learned counsel for the parties, interim order dated 7.5.1984 was modified. Operative portion of the order dated 14.11.1984 is quoted below: "In this situation, the interim order dated 7.5.1984 requires to be modified. It is accordingly directed that although the Committee of Management would not be required to reinstate the opposite party No. 5 to her original post, it shall nevertheless be required to pay to opposite party No. 5 every month beginning from 1.12.1984 the salary which opposite party No. 5 was being paid prior to 11.7.1981. She shall be continuously paid the salary every month regularly till the disposal of this writ petition in accordance with the provisions of U. P. High School and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act. 1971. Opposite party No. 5 will also be entitled to any benefit in the revision of scales of pay etc. which in the meantime might have taken place or may take place."