VISHNU CHANDRA GUPTA,J. - (1.) BY means of the present petition, the petitioner has prayed for issuing a writ in the nature of certiorari quashing the order dated 05.12.2007 (Annexure No. 1) passed by the opposite party no. 2, Director Education (Basic), Nisatganj, Lucknow, by which the petitioner was declined to join the service on the post of Assistant Teacher treating it that she has lost her lien over the post on which she was working. She further prayed to issue a writ in the nature of mandamus commanding the opposite parties to allow the petitioner to resume her duties and further to discharge her services with responsibilities without any hindrance and to pay the arrears of salary due to the petitioner for the period she was on leave after sanctioning leave. Brief facts for deciding this petition are that the petitioner was appointed as Assistant Teacher in Primary School at Bhojipura in District Bareilly in pursuance of the appointment letter dated 07.03.1986 (Annexure No.3) issued by the opposite party no. 5, District Basic Education Officer (For short BSA), Bareilly. She joined her duty in Primary School, Bhojipura Naveen IInd, Vikas Khand, Bhojipura, District Bareilly on 1.4.1986 (Annexure No.4). She continued to work on the said post. On 16th of March, 1995, she proceeded on leave due to domestic problem and ill health. The leave was extended from time to time. The petitioner applied for leave on medical certificate from 01.01.1998 to 28.02.1998. On 01.03.1998 after obtaining medial fitness certificate the petitioner submitted her joining to opposite party no.5, but she was not permitted to join the duty despite repeated request and representations made to opposite party no.5. It is also alleged that the medical fitness certificate of the petitioner dated 02.05.1998 issued by the Chief Medical Officer, Bareilly (Annexure 7 to the writ petition) along with medical leave application was submitted to opposite party no. 5. The opposite party no. 5 wrote a letter dated 11.06.2003 (Annexure 8 to the writ petition) to Chief Medical Officer, Bareilly for medical examination of the petitioner by the medical board and asked to give opinion of the medical board regarding fitness of the petitioner so that she could be permitted to resume her duty. The English translation of the letter dated 11.06.2003 is as follows: JUDGEMENT_560_TLALL0_2013.htm
(2.) THE Medical Board after conducting medical examination of the petitioner submitted report with the opinion that the petitioner is fit to discharge her duties, but inspite of it, the petitioner has not been permitted to join her duties by the opposite party no. 5. Thereafter, opposite party no.5 vide letter dated 2.7.2003 (Annexure No. 9 to the writ petition) sought guidelines/direction in the matter of the joining of the petitioner from Secretary, Basic Shiksha Parishad, Allahabad, U.P., opposite party no. 3. The letter dated 2.7.2003 (English Translation) is as follows: JUDGEMENT_560_TLALL01_2013.htm When the said letter was not responded by the opposite party no. 3, the opposite party no. 5 also wrote a letter to the Assistant Director Education (Basic) IIIrd Region, Bareilly, opposite party no.4. vide letter dated 27.9.2005 (Annexure No. 10 to this writ petition). The English translation of the letter dated 27.09.2005 is as follows: JUDGEMENT_560_TLALL02_2013.htm 2. Copy to Smt. Neeraj Kumari wife of Sri Satish Chandra Gupta Addl.District Judge 130/1B Utsav Maha Nagar colony, Pilibhit bypass Bareilly in response to her letter dated 26.9.2005 (Dr. Pawan Kumar) Assistant Director, Education (Basic) , Third Division Bareilly" By this letter the opposite party no.4 informed to opposite party no.5 that if the direction/guidelines have not yet been received from the opposite party no. 3, reminder may be issued to seek direction/guidelines from Secretary, Basic Education Board, U.P. in the matter. The petitioner moved an applications for granting leave without pay w.e.f. 30.9.1995 to 20.10.1995 to the Deputy Inspector of Schools, Bareilly stating therein that due to domestic problems she is unable to attend the duty and she was on leave without pay w.e.f 16.3.1995 to 29.9.1995, copy of which has been annexed as Annexure no. 5 to the writ petition. Thereafter the petitioner moved several applications for extension of leave without pay to the Deputy Inspector of Schools, Bareilly on the same ground. Lastly she moved an application for grant of leave without pay w.e.f. 30.6.1997 to 30.9.1997 to the Deputy Inspector of Schools, Bareilly stating therein that on account of domestic problems she is unable to attend the duty. The petitioner moved several applications on different dates for joining the duty to the District Basic Education Officer, Bareilly, but no heed was paid by him.
(3.) WHEN the authorities concerned do not take any decision in the matter of the petitioner, the petitioner submitted a representation dated 13.10.2006 (Annexue No.11 to the writ petition) to the Director Education (Basic), Nishataganj, Lucknow, opposite party no. 2 after giving full details of the matter and requested to issue direction to the authorities concerned for granting leave of the petitioner and permitting her to join the duty. When this representation was also not decided by the opposite party no. 2, the petitioner was compelled to take shelter of the Court and filed a writ petition bearing No.4616 of 2007 (S/S). The same was disposed of by this Court vide order dated 08.08.2007 with a direction to the Director, Basic Education to decide the representation of the petitioner dated 13.10.2006 within a period of two months from the date of production of certified copy of the order. The order passed on 08.08.2007 in writ petition No.4616 of 2007(S/S) is quoted here in below: "This court also observed therein that the Director will also assess the responsibility of the officers dealing with the matter who have not expedited the proceedings and fix the liability on them as contemplated under the Rules. Heard learned counsel for the petitioner and learned counsel for the B.S.A. Notice on behalf of opposite parties no. 1, 2 and 4 has been accepted by the learned Standing Counsel and notice on behalf of opposite party no.3 and 5 has been accepted by Shri M.M. Asthana. With the consent of parties' counsel, the writ petition is being disposed of finally. The petitioner was appointed as Assistant Teacher in the Primary School Bhojpur, Naveen II, District Bareilly on 07.03.1986. The petitioner fell ill and proceeded on leave on 16.03.1995. The petitioner thereafter extended her medical leave till 28.02.1998 and on 01.03.1998 after obtaining fitness certificate from the doctor she submitted her joining. The petitioner's representation in regard to fact that she may be permitted to work, has not been decided. The correspondence is going on since then but no decision has been taken up till now. Although the petitioner has tried her level best to convince the authorities that whatever leave is permissible under law that may be granted to her and she may be permitted to resume her duties, but the opposite parties have not considered any thing and neither permitted the petitioner to resume her duties on account of which she has been compelled to remain absent from 01.03.1998. The B.S.A. Should have taken a decision promptly within a reasonable time instead of lingering the matter for a long time. In the above circumstances, the Director, Basic Education, is directed to decide the representation of the petitioner dated 13.10.2006, contained in Annexure no. 10 to the writ petition, within a period of two months from the date a certified copy of this order is produced before him. The Director will also assess the responsibility of the officers dealing with the matter who have not expedited the proceeding and fix the liability on them as contemplated under the Rules. " ;