Rajiv Sharma, J. - (1.) Heard learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) The facts of the case, in brief, are that the petitioner was appointed on the post of Assistant Teacher on 9.10.2007 and in pursuance of the order dated 9.10.2007, the petitioner joined on the said post in Primary School on 17.10.2007. Subsequently, the respondent No. 2 promoted the petitioner on the post of Assistant Teacher Junior High School, Chhapiya Block, Rudauli, District Basti on 17.11.2004. Thereafter, the petitioner was again promoted vide order dated 13.12.2005, but the said order has not been served upon the petitioner. Being aggrieved, he filed Writ Petition No. 68223/06 which was disposed of with a direction to the opposite party No. 2 to decide the matter within four weeks from 14.12.2006. Thereafter, on 16.4.2007, the matter was decided by the respondent No. 2 in favour of the petitioner, but instead of paying the salary from the date of promotion, i.e. 18.11.2004 or 13.12.2005, it has been paid from 18.8.2006. Feeling aggrieved, the instant writ petition has been filed.
(3.) Notices were issued. In response to the notice, counter-affidavit has been filed by the opposite parties. In para 6, it has been mentioned that the matter relating to the promotion of Parishadiya Teachers done by the then B.S.A. Basti Sri V. K. Verma was properly enquited into by an Enquiry Committee constituted by the then District Magistrate, Basti Sri Ramendra Tripathi under the chairmanship of Chief Revenue Officer, Basti and was concluded as defective promotions and guidelines were formulated. In compliance of the guidelines, the promotional order dated 17.11.2004 has been cancelled by the order dated 5.4.2005. Further, it has been mentioned that the petitioner has not worked anywhere during the period 5.4.2005 to 18.8.2006 and as such, in view of the Hon'ble Apex Court's verdicts on the principle of 'no pay and no work' she is not entitled to get any salary from the State Exchequer for the said period and her services for the said period will be treated as break in service.;