DUKCHHOR SINGH Vs. DIRECTOR OF EDUCATION ALLAHABAD

JUDGEMENT

(1.) Impugned order dated 28th February, 1997, passed by Deputy Director of Education (Secondary) on behalf of Director of Education. U. P., copy of which has been filed as Annexure-6 to the writ petition, directed Regional Joint Director of Education, U. P. not to apply and extend benefit of Government Order dated 10th December, 1973 (Annexure-3 to the writ petition) for fixation of salary in the case of those Assistant Teachers in L.T. grade who were appointed on the ground of being 'retrenched employee' vide Director's letter dated 18th October, 1996. By means of this impugned order, Director of Education (Secondary), U. P. directed that earlier letter of the Directorate dated 18th October, 1996, shall be kept in abeyance and not given effect to.

(2.) A counter-affidavit has been filed on behalf of respondent, but there is no indication as to what has been done by the Director of Education after passing impugned order dated 28th February, 1997.

(3.) Learned standing counsel is not in a position to apprise the Court whether further order has been issued by the concerned authority or not. The Impugned order, which was apparently an interim order, was Issued on the ground that Government Order dated 10th December. 1973 (Annexurc-3 to the Writ Petition) was made for ad hoc appointees only. This reasoning is against record inasmuch as it is not borne out from perusal of the said Government Order dated 10th December, 1973. which shows that it specifically dealt with retrenched employees-otherwise also Director of Education (Secondary) U. P. is not competent to overrule Government Order.