Rakesh Tiwari - (1.) -Heard the counsel for the parties and perused the record.
(2.) THE petitioner was a Principal in Chaudhary Baldeo Singh Higher Secondary School, Bannauli, Bijnor. THE institution is registered under the Societies Registration Act and is aided institution under the Payment of Salary Act, 1971. It is alleged that the Committee of Management obtained a registered letter from the petitioner by use of force at the point of gun on 10.6.1977 and thereafter it was accepted by the alleged Committee of Management. The District Inspector of Schools, Bijnor, by order dated 17.1.1984 approved/accepted the resignation letter of the petitioner. Aggrieved by the approval granted by the District Inspector of Schools, the petitioner preferred an appeal under Section 16G (3) (c) before the Regional Deputy Director of Education, who allowed the appeal of the petitioner and set aside the order dated 17.1.1984, passed by the D.I.O.S., Bijnor vide order dated 28.7.1984.
(3.) AGGRIEVED by the order dated 28.7.1984, the Committee of Management filed Writ Petition No. 10018 of 1984, Ram Gopal Singh and others v. Deputy Director of Education and others. It was dismissed by order dated Ist August, 1988, holding that the resignation cannot be said to be legal and in accordance with the prescribed procedure. The Committee of Management challenged the validity and correctness of the judgment/order of this Court dated 1.8.1988 by means of Special Leave Petition (C.) No. 11294 of 1988 before the Hon'ble Supreme Court of India. The same was dismissed on 5.10.1988 with direction to reinstate the petitioner as Principal of the institution within one month from the date of order and for payment of a sum equal to one year's salary for the antecedents period, he was forced to remain unemployed. The copy of the order of the Hon'ble Supreme Court is as under : ORDER Special Leave Petition is rejected. It is, however, directed that respondent No. 3 shall be reinstated as Principal of the Institution within one month from today. He shall be paid in a sum equal to one year's salary in lieu of salary for the antecedents period. There will be no order as to costs. Sd./ M. S. Bhawe Court Master 5.10.1988." ;