VIKALP KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Present writ petition has been filed for quashing the order dated 10.9.2018 (Annexure 13 to this writ petition) passed by Basic Shiksha Adhikari, Bijnor i.e. respondent No. 4 whereby the services of the petitioner as an Assistant Teacher has been terminated. The petitioner also prayed for reinstatement and for payment of his salary on month to month basis and further to release his arrears of salary w.e.f. 13.3.2018 with interest.

(2.) In brief, an advertisement dated 12.12.2014 was placed in the news papers inviting applications for the post of Assistant Teachers in Primary Institutions. Petitioner having possessed Graduation degree and two years Bachelor Training Certificate (BTC) Course applied pursuant to the said advertisement. The petitioner was selected under General category and was accordingly issued appointment letter dated 28.6.2016 by the Basic Shiksha Adhikari, Bijnor. The petitioner joined as Assistant Teacher on 27.6.2018 at Primary Institution, Pittahedi, Block Kiratpur, District Bijnor. After completion of one year, the appointment was confirmed by the competent authority.

(3.) On 13.3.2018, petitioner was placed under suspension by the District basic Education Officer, Bijnor on the allegation that he had simultaneously pursued BTC course and M.Sc. First Year, as a regular student in the academic session 2014-15. The order of suspension was challenged by the petitioner before this Court being Civil Misc Writ Petition No. 12548 of 2018, which was dismissed on 24.5.2018 with the observation that the authority concerned shall conclude the departmental proceedings in accordance with law, within a period of three months from the date of production of certified copy of the order after considering the reply of the petitioner.