- (1.) These two writ petitions pertain to appointment on Class IV post in Senior Basic Vidyalaya, Sultanganj, District Mainpuri and Junior High School Jyoti Khurd, Sultanganj, District Mainpuri. Both the writ petitions are being clubbed together and are being decided by this common judgment. Facts in short are as follows: Petitioners before this Court claim that they had been appointed by the Deputy Inspector of Schools, Mainpuri as per the appointment letter enclosed with the writ petition on 17.12.1988 as Class IV employee in Parishadiya Vidyalaya of District Mainpuri. The appointment of the Petitioners was cancelled under an order of the Deputy Inspector of Schools, Mainpuri dated 29.3.1989 after recording that the Basic Shiksha Adhikari has found the appointment to be illegal. The Petitioners were removed from service with immediate effect. The order was subjected to challenge by the Petitioners before the U.P. Public Services Tribunal, Lucknow being Claim Petition No. 164/1/89. The Claim Petition was allowed vide order dated 21.12.1990 only on one short ground that the order has been passed without issuing any notice to the Petitioners and it was declared that the Petitioners shall be deemad to be in service. The Petitioners were not reinstated, therefore, they filed an Execution Application before the District Judge being Execution Case No. 93 of 1991. An order was passed by the District Judge on 5.5.1992 on the Execution Application.
(2.) The judgment and order of the Tribunal has been subjected to challenge by the Basic Shiksha Adhikari, Mainpuri before this Court by means of Civil Misc. Writ Petition No. 13491 of 1991 wherein no interim orderwas granted. As a result whereof an order was issued by the Basic Shiksha Adhikari directing the Petitioners to be reinstated subject to the orders to be passed in the writ petition filed before the High Court. Thereafter the Up Nirikshak, Mainpuri issued another order dated 15.7.1992 whereunderthe appointment of the Petitioners had been cancelled in terms of the direction issued under the letter of the Basic Shiksha Adhikari dated 7.7.1992. These two orders have been challenged by means of Civil Misc. Writ Petition No. 26866 of 1992 by the employees. No interim order has been granted in this second writ petition also and the employees are not in service from the date of the orders impugned.
(3.) The Petitioner employees before this Court claim that they had been appointed by a competent authority namely the Deputy Inspector of Schools, Mainpuri on Class IV post in Parishadiya Vidyalayas and, therefore, their appointment cannot be interfered with. Reference is made to the U.P. Basic Educational Staff Rules, 1973 which provides that the Deputy Inspector of Schools shall be the appointing authority in respect of Class IV post qua institution situate in rural areas. Reference has also been made to the judgment of the Hon'ble Tribunal which was passed in their favour, referred to above.;