JUDGEMENT
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(1.) By order dated October 13, 1987 this Court disposed of the present appeals in these terms:
"Heard learned counsel for the parties. In the facts of the cases, we consider it unnecessary to go into the legal aspect as we are inclined to agree with the counsel that all the teachers concerned should be given employment irrespective of the fact whether they are recruitees of the year 1975 or 1976. We have also no intention to disturb the judgment of the High Court. We direct the State of U. P. to make appropriate adjustments and give employment to both the groups of teachers. Our direction shall be confined only to the parties to these proceedings. The appeals are disposed of accordingly. No costs."
(2.) Pursuant to this order, the Department tried to accommodate some teachers in the institution concerned and others in the institutions of the neighbouring districts. One of the teachers who was posted out, approached the Allahabad High Court and obtained stay of posting. The writ petition filed by that teacher has since been transferred to this Court and numbered as T.C. (Civil) No. 152 of 1988.
(3.) On November 21, 1988 this Court again made an order which reads as follows:
"We have heard counsel for all parties including the State of Uttar Pradesh. We direct the respondent authority to examine the matter afresh keeping the following guidelines in view:
1. An attempt should be made to accommodate all the parties in the same institution, if possible.
2. The length of service of all the teachers involved in these appeals to be fixed. In case accommodating all of them in the same institution is not possible, and the services are transferable, teachers who have rendered the longest period of service out of this group should be transferred. In case transfer is not permissible the senior teachers should be continued and the Junior ones may be posted in other institutions.
3. Even if transfer is to be done, care should be taken to see that the teachers are not posted at places far away from the institution where they are not working. The salaries of teachers who have been absorbed under our order should be disbursed soon. This exercise should be completed by the Deputy Director of Education or any other competent authority as the cage may be within six weeks from now. We are adjourning the matter to 10th of January 1989, when Mrs. Shobha Dikshit will place the latest order made by the Deputy Director in compliance of our today's direction.
Smt. Sarla Chopra was found by the High Court to be qualified. The Deputy Director of Education shall therefore, treat her as qualified teacher and pay her dues.;
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