- (1.) Heard learned counsel for the parties and perused the record. Challenge in this special appeal is to the impugned order and judgment in Dr. Ram Kishore Shukla v. State of U.P. and others, 2007 9 ADJ 210 whereby the aforesaid writ petition had been dismissed.
(2.) The appellant has prayed for quashing of the order dated 11.3.2005 passed by the District Inspector of Schools, Allahabad and for a direction to the respondents to treat his resignation letter as null and void as well as treat him in service and permit him to work till his retirement as lecturer in "Kala" subject.
(3.) Following order was passed by this Court on 18.1.2011. Sri K.C. Shukla, learned counsel for the appellant has submitted that petitioner was working as L.T. Grade (Kala) teacher in Shiv Charan Das Kanhaiya Lal Inter College, Allahabad (hereinafter referred to as the institution). His services were confirmed on the said post on 27.8.1974 and thereafter, by order of the Deputy Director of Education, dated 12.6.1979 the only post of L.T. Grade (Kala) teacher was converted into lecturer's grade by upgradation of L.T. Grade post. The petitioner started working as Lecturer on the upgraded post. In the year 1994, committee of management of the institution has sent requisition to the Commission for filling up five posts including one post of (Kala) of L.T. grade. The Commission did not select any teacher. Therefore again a requisition was sent for the same posts in the year 2003. It appears that the petitioner tendered his resignation on 18.11.2003 from the post of lecturer due to some family problems and the same was accepted by the management on 23.11.2003 with the condition that petitioner shall work till the end of the academic session i.e. 30.6.2004. According to the case of committee of management, this order of acceptance of the resignation was communicated to the petitioner on 1.12.2003 but the petitioner denies this fact and submits that acceptance of his resignation was never informed or served upon him. It also appears that he filed an application on 17.2.2004 for withdrawal of his resignation which was rejected by the committee of management on 2.5.2004. The petitioner challenged the order dated 2.5.2004 before the D.I.O.S., who also vide his order dated 11.3.2005 upheld the order of the committee of management rejecting the withdrawal application. Civil misc. Writ Petition No. 34352 of 2005 had then been moved by the appellant challenging the order dated 11.3.2005 which was dismissed by order and judgment dated 12.7.2007. Sri K.C. Shukla, counsel for the appellant submits that although Hon. Single Judge dealing with the matter has reached to the conclusion that resignation submitted by the petitioner was not valid, even then His Lordship has refused to order for payment of salary to the petitioner on the ground that conduct of the petitioner was very bad as he was instrumental in appointment of his son as L.T. Grade teacher. According to Sri Shukla, resignation of the petitioner has no relevance with the joining of petitioner's son as L.T. Grade teacher who was selected by the Commission and who joined the college as was required by the D.I.O.S. where the petitioner was working in lecturer grade. We have raised a specific query to Sri Vikas Budhwar, appearing for the management that once vacancy of L.T. Grade (Kala) teacher was not available after conversion of the only post, then how requisition was sent for that post in the year 1994 and thereafter again in the year 2003 if the post was not in existence. It may be noted that the factum of sending requisition for filling up five posts including only one post of L.T. Grade (Kala) teacher, has not been disputed. Sri Budhwar prays for time to file counter-affidavit as no counter-affidavit has yet been filed. He as well as the learned standing counsel both are granted three weeks time to file counter-affidavit, to which rejoinder affidavit may be filed within two weeks thereafter. Learned Standing counsel shall also bring on record the sanctioned strength of the college including posts of lecturers and L.T. Grade teachers for the relevant years. List after expiry of five weeks.;