DILIP KUMAR KHANDALKAR Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner who had been employed as an Upper Division Teacher (Mathematics) in Shree Maharudra Bahu Uddeshya Uchchatar Madhyamik Vidyalaya, Lashkar, Gwalior on 30-11-1977, after resigning from the said post with effect from 1-9-1979, was appointed in the J. C. Mills Higher Secondary School as an Upper Division Teacher on 28-8-1979 and was confirmed on the said post vide the order dated 4-9-1980 issued by the Secretary, J. C. Mills Educational Institutions Managing Society which was running and managing the said school. It is claimed that Smt. Mradula Shukla who has been impleaded as the respondent No. 9 in the writ petition had also been appointed as an Upper Division Teacher in the year 1977 in Shree Maharudra Bahu Uddeshya Uchchatar Madhyamik Vidyalaya. From the materials on record it appears that he had raised a dispute in regard to his seniority and entitlement of the service benefits claiming continuity of service from the date of his appointment in the year 1977 and had made various allegations against the management of the Maharudra Bahu Uddeshya Uchchatar Madhyamik Vidyalaya, and also against Smt. Mradula Shukla.

(2.) IT may be noticed that although the petitioner had been appointed as an Upper Division Teacher, subsequently on account of several irregularities going to the root of the matter, his appointment was treated to be an appointment on the post of Lower Division Teacher and a fresh order had been issued in this connection, and the financial approval for the same only had been granted by the Education Department. The petitioner had raised a dispute in regard to his entitlement to the payment of salary etc. , in that connection.

(3.) ON the facts and circumstances brought on record, it is apparent that the petitioner had through out been treated as a Lower Division Teacher and the appointment order and the confirmation etc. , sought to be relied upon had been found not to be in accordance with law.