Sabhajeet Yadav, J. - (1.) REJOINDER -affidavit filed today is taken on record. Heard Sri N.L. Pandey, learned counsel for the petitioner, Sri B.P. Singh for respondents No. 3, 4 and 5 and Sri Yatindra for respondent No. 2.
(2.) BY this petition, the petitioner has challenged the order dated 27.7.2012 passed by District Basic Education Officer, Bulandshahar, whereby the representation of the petitioner is rejected, which has been decided in pursuance of order dated 9.4.2012 and modified order dated 24.4.2012 passed by this Court in Writ Petition No. 63951 of 2006 earlier filed by the petitioner. It is stated that the case of the petitioner in aforesaid writ petition was that he was appointed on the post of Assistant Teacher on 25.4.2001 in Junior High School Bheem Nagar, Gulawathi District -Bulandshahar. The institution is run by the private Committee of Management constituted through the society registered under the Societies Registration Act. The aforesaid appointment of the petitioner was approved on 19.4.2001 by the District Basic Education Officer, Bulandshahar. At the time of appointment of the petitioner the institution was not in grant in aid list of the State Government. However, when the institution came into grant -in -aid list of the State Government in the year 2006 the payment of salary has been made to other teachers of the institution from the State exchequer but the petitioner has not been paid his salary so far on the allegation that he had tendered his resignation on 5.7.2002 and was not a teacher of the institution. By filing a rejoinder -affidavit in the writ petition it was stated that the petitioner was continuously working on the post from the date of his initial appointment and signed the staff attendance register upto the year 2003. Thereafter the Manager has stopped him from signing of the attendance register. Keeping in view the aforesaid stand of Management of the institution in mind vide judgment and order dated 9.4.2012 this Court has directed the District Basic Education Officer to decide the controversy as to whether the petitioner had willingly submitted his resignation from the post of Assistant Teacher in the institution on 5.7.2002 and as to whether he was permitted to sign the attendance register upto the year 2003 or not. In case the District Basic Education Officer, Bulandshahar finds that the petitioner had not voluntarily submitted his resignation he shall be taken back into service and be paid his salary from the State exchequer after verifying from the staff attendance register of the year 2002 -2003 within a period of two months from the date of production of certified copy of the aforesaid order before him.
(3.) FOR ready reference it would be appropriate to quote the direction given by this Court in writ petition earlier filed by the petitioner as under: In this view of the matter, it would be appropriate to direct the District Basic Education Officer, Bulandshahar to decide the controversy involved in this case as to whether the petitioner has willingly submitted his resignation from the post of Assistant Teacher in the institution on 5.7.2002, and as to whether he has been permitted to sign Staff Attendance Register upto the year 2003 or not. In case, the District Basic Education Officer, Bulandshahar finds that the petitioner has not voluntarily submitted his resignation, he shall be taken back into service and be paid his salary from the State Exchequer after verifying from the Staff Attendance Register of the years 2002 and 2003. Such exercise shall be completed by the District Basic Education Officer, Bulandshahar, within a period of two months from the date of production of a certified copy of this order produced before him. However, while undertaking such exercise, the District Basic Education Officer, Bulandshahar is required to pass a reasoned and speaking order on the question involved.;