BASIC SHIKSHA ADHILARI FAIZABAD Vs. CIVIL JUDGE FAIZABAD
LAWS(SC)-1999-12-12
SUPREME COURT OF INDIA
Decided on December 07,1999

BASIC SHIKSHA ADHIKARI, FAIZABAD Appellant
VERSUS
CIVIL JUDGE, FAIZABAD Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) We have heard learned counsel for the respective contesting parties and with their consent this appeal is being disposed of finally.
(3.) Short facts leading to this appeal may be noted at the outset. Respondent 2's deceased husband was serving as Assistant Teacher in Junior high School, Khajuriahat under the control of the President, Zila Parishad, faizabad from 16-7-1949. He worked as such up to 14-11-1965 in that school. Thereafter he was transferred to a new school named Jawahar Lal nehru Memorial High School, Khajuriahat, Faizabad. That school admittedly was under the administrative control of the District Inspector of Schools and also under overall control of the Director of Education, State of Uttar pradesh. Therefore, obviously he remained an employee of the school which was ultimately monitored and controlled by the Director of Education, State of Uttar Pradesh. He retired in 1975 on health grounds and thereafter he expired. Before his death he filed Claim Petition No. 330/i of 1979 in U. P. Public Services Tribunal No. 1, Lucknow. Pending the proceedings, Ram sundar Lal died and Respondent 2 herein continued to pursue the said proceedings. Her claim was to get all retirement benefits available for the services rendered by her deceased husband in the schools concerned. In the said proceedings her deceased husband had joined Zila Parishad, Faizabad as respondent 1; Director Education, U. P. , Lucknow, as Respondent 2; Deputy dios, Faizabad, as Respondent 3; and BSA, through Basic Shiksha Parishad, faizabad, as Respondent 4, which is the appellant before us. The claim petition was allowed by the Tribunal and the following order was passed: "The claim petition filed by late Ram Sundar Lal on 19-6-1979 and later substituted by his wife Smt Raj Pati Devi is allowed. We declare that the services of the petitioners will be deemed to have been regularised and made permanent by the opposite parties and the petitioner will get all consequential pensionary benefits as per rules. The original petitioner is now dead and his wife Smt Raj Pati Devi who is substituted in his place may get the benefits as per the rules. ";


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