- (1.) At all material times, Ram Vijai Singh, the respondent No. 2 herein, was the Head Master of Girja Pati Purva Madhyamik Vidyalaya. a Junior High School in the town of Garwa in the district Baliia (hereinafter referred to as the 'School') while Bal Chand Ram, Vijai Shanker Pandey and Moti Chand Ram, the Respondents Nos. 3, 4 and 5, were teachers of the School and Vishwanath Prasad, the respondent No. 6, was a peon thereof. In the year 1981 they unauthorisedly absented themselves from their respective duties, for which they were charge-sheeted no further step was however taken against them pursuant thereto and they were allowed to continue in their respective jobs as they offered an unqualified apology Later on they again absented themselves from duty and on their failure to turn up their service were terminated by the Committee of Management of the School by a resolution dated May 29, 1983, and a copy thereof was forwarded to the Basic Shiksha Adhikari. Ballia (Adhikari for short), the respondent No. 1 herein, for approval. The Adhikari caused an inquiry to be made into the matter through the sub-Deputy Inspector of Schools. Baliia and on receipt of the report of inquiry he passed an order on 5-7-1983 according approval to the termination of the services of the above Respondents with a rider that if in future any defect was brought to his notice regarding the order, he reserved his right to cancel the same. On receipt of such approval the Committee of Management sought for and obtained permission of the Adhikari to fill in the vacant posts. The posts were thereafter advertised and a Selection Committee was constituted to hold interview of candidates on 6-11-1983. After interview, the Selection Committee recommended one Mohan Pandey for the post of Head Master, the Appellants Nos. 2, 3 and 5 for the posts of teachers and one Gangadhar for the post of peon and forwarded the papers relating to the selection to the Adhikari for approval on 7-11-1983.
(2.) In the meantime, the Respondents Nos. 2,3,4 and 5 had sent a joint complaint to the Adhikari against the proposed filling of posts in their vacancies and on receipt of that complaint the Adhikari passed an order on 2-11-1983 asking the School authorities that the posts in question should not be filled up till further orders. Thereafter on March 6, 1984 the Adhikari passed an order recalling his earlier order dated 5-7-1983, whereby he had accorded approval to the termination of the services of the above Respondents, and directed the School authorities to terminate the services of those who had been appointed in place and stead of the above Respondents. He pointed out that the question of according approval to such appointments did not arise.
(3.) Assailing the above order dated March 6, 1984, Mohan Pandey, Appellants Nos. 2 3 and 5, the Committee of Management, represented by its Manager Lalit Mohan Pandey. and Gangadhar filed a writ petition before a learned Judge of this Court seeking a Writ of Certiorari for quashing the same By his judgment and order dated February 28, 1992, the learned Judge quashed the impugned order so far as it related to Gangadhar but dismissed the writ petition so far as the others were concerned. Aggrieved thereby the four Appellants, namely, Durg Vijai Dubey, Vijai Bahadur Yadava, Deo Saran Ram and the Committee of Management along with one Ashok Kumar Pandey filed this Special Appeal.;