KM MANJULA MISHRA Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) Heard Sri Som Kartik, learned counsel for the petitioner, learned Standing Counsel for the opposite parties No.2 and 3 and Sri Ranjan Roy, learned counsel for the opposite party No.4. None appears for the opposite party No.1.

(2.) This writ petition has been filed by the petitioner for quashing the order dated 17.11.2006 (Annexure No.10 to the writ petition) passed by the Joint Director of Education, 6th Region, Lucknow/ opposite party No.2 by which the date of petitioner's substantive appointment in the L.T. Grade has been amended.

(3.) Brief facts of the case as stated in the writ petition are that the petitioner was appointed as Music Teacher in L.T. grade on ad hoc basis against a substantive vacancy in Sindhi Vidyalaya Girls Inter College, Ram Nager, Alambagh, Lucknow, hereinafter referred to as "the College" on 12.09.1988 under Section 18 of the U.P. Secondary Education (Services Commission and Selection Boards) Act, 1982, hereinafter referred to as "the Act". The petitioner's ad hoc appointment as L.T. grade teacher was approved by the Regional Inspector of Girls School by order dated 26.11.1988. By letter dated 22.10.1994 issued by the Manager of the College, the petitioner was informed that the petitioner's ad hoc appointment in the L.T. grade had been regularised under Section 33-B of the Act as inserted by amending Act No.1 of 1993. The petitioner being the senior most teacher in the L.T. grade was appointed as Officiating Principal by an order dated 01.07.2006 upon superannuation of Smt. Ramesh Khanna, Principal of the College on 30.06.2006. By a letter dated 28.11.2006 issued by the Manager of the College, the petitioner was informed that the opposite party No.2 had passed an order on 17.11.2006 changing the date of petitioner's substantive appointment as mentioned in the order by which the petitioner's services were regularised from 12.09.1988 to 07.08.1983. According to the petitioner, the order dated 17.11.2006 was passed without issuing any notice to the petitioner and without affording her any opportunity of hearing although the impugned order carries civil consequences.