SHASHIBALA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for respondent Nos. 1 to 4 and learned counsel for respondent No. 6, the Head Master.

(2.) LATE Shri Krishna Kumar husband of the petitioner was a teacher in Bhutpurva Sainik Adarsh Junior High School, Kalluwala District Bijnore, which is a recognized and aided Junior High School. Husband of the petitioner died in harness. Petitioner applied for appointment under dying in harness rule. Initially District Basic Shiksha Adhikari, Bijnore recommended the name of petitioner for appointment on the post of Clerk in another Junior High School i.e. Rani Phool Kumari Kanya Junior High School, Sherkot District Bijnore however petitioner prayed that she might be granted appointment in the school in question itself where her husband was working. Director of Education through order dated 25.2.2002 directed the appointment of the petitioner in the school in question. However, it was stated in the said order that the appointment would be subject to the result of writ petition No. 7829 of 1999 which had been filed by one Sheo Kumar who was also claimant to the post of Clerk in the Institution in question. In pursuance thereof District B.S.A., Bijnore also issued a letter on 11.11.2002 to the Committee of Management of the School in question. The Manager of the school in question issued the appointment letter on 16.11.2002 to the petitioner and in consequence thereof petitioner submitted the joining report on 2.12.2002 (Para 6 of the writ petition). Petitioner also applied for impleadment in the writ petition filed by Sheo Kumar. Sheo Kumar had filed another writ petition also being writ petition No. 50391 of 2002. Both the writ petitions were dismissed on 26.9.2005. The writ petition of 2002 had been filed against the appointment orders of the petitioner dated 25.10.2002 and 11.11.2002 (supra).

(3.) AGAINST order dated 26.9.2005 through which writ petitions of Sheo Kumar were dismissed, he filed review petition which was dismissed thereafter special appeal No. 727 of 2007 was filed which was also dismissed on 17.7.2007.