- (1.) S. Ambwani, J. By this writ petition, the petitioner has challenged the order dated 7-1-1991 passed by the District Basic Shiksha Adhikari, Mirzapur in pursuance of the direction given by this Court in Civil Misc. Writ Petition No. 30794 of 1990 dated November 15, 1990 (Annexure-15 to the writ petition ). By the impugned order, the District Basic Shiksha Adhikari, Mirzapur has taken the decision that the entire period during which the petitioner Sheo Yatan Chakrawarty, a teacher in Town Hall Junior High School, Nagar Palika, Mirzapur spent for taking training course shall be taken as leave without pay and that the entire salary for this period paid to him shall be deducted from his future pay in easy instalments.
(2.) I have heard the learned counsel for the petitioner and the learned standing counsel. It has been submitted on behalf of the petitioner that in pursuing the study for B. Ed, training and degree of law, the petitioner had applied for prior permission from the department and that he was given requisite permission for the year 1979-80, for which an order was issued on 3-2-1978 by the Education Superintendent, Nagar Palika, Mirzapur. He has also applied for permission to pursue law degree through the Principal of the School for night classes for which he was granted requisite permission vide order dated 25-6-1980. It was alleged that the petitioner did not remain absent from the school and that he had pursued his studies during the relevant period without affecting his teaching work. The learned standing counsel has relied upon the observations of the District Basic Shiksha Adhikari that the petitioner was permitted for B. Ed. training only for 1987-88 as institutional student and that he was paid for this period whereas he did not teach in the school. However he did not apply for the 2nd year of B. Ed. Course. In respect of law degree, it has been submitted by the learned standing Counsel that he did not disclose the name of the College where he would pursue his study of his LL. B. Course. Nehru Smark Post Graduate College, Chakghat, Rewa, Madhya Pradesh is at a considerable distance from where he could not pursue the regular study without affecting his teaching work and thus the decision of the District Basic Shiksha Adhikari to grant leave without pay and recovery from his pay is justified.
(3.) THERE was no complaint against the applicant that he has not taken classes in the school or that the students of class suffered during the relevant period. No complaint of any student or their guardians had been received. For B. Ed, training the petitioner had applied through proper channel and the permission was granted. When the petitioner was granted permission for the year 1979-80, it was presumed that the applicant may have applied for the second year of B. Ed, course. However, the impugned order dated 7-1-1991 has lost its relevancy after the petitioner completed the training. It was not denied that petitioner had applied and permission was granted and the petitioner has completed his B. Ed, training. In respect of taking LL. B. Course also, the petitioner had applied to the District Basic Shiksha Adhikari Mirzapur through to the principal for pursuing LL. B. night classes. This permission was granted to him on 25-6-1980. The fact that the petitioner did not mention the name of the college cannot make the permission illegal. This fact should have been ascertained from petitioner before granting the permission. In any case, no one has complained that the petitioner remained absent or that the teaching work of the institution was affected. Thus, there is no justification to treat the entire period as on leave.;