- (1.) Abha Rani on the basis of her having been appointed as Lecturer Drawing and Painting in Arya Kanya Pathshala Inter College, Muzaffarnagar has filed this writ petition with the following reliefs:- "a) To issue a writ in the nature of mandamus directing the Respondent nos. 1 and 2 to treat the petitioner as a validity appointed teacher in the college. b) To issue an appropriate, writ order or direction commanding the respondent nos 1 and 2 not to interfere in the rights of the petitioner to continue to be a teacher in persuance of her appointment. c) To Issue an appropriate writ order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case. d) To award the costs of this writ petition in favour of the petitioner."
(2.) After considering the case set up by Sri Abha Rani the Court granted an interim order in this petition on 30.4.1981 which was extended from time to time. The writ petition was dismissed by a Hon'ble Judge on 10.12.1996 and on the same date by a separate order the stay application was also rejected. A restoration application was filed, which was allowed and the writ petition was restored to its original number. But from the record, it appears that the interim order was not restored.
(3.) The writ petition was finally decided under order 13.12.2010. The Court held that her appointment was null and void, salary paid to her was a fraud on public exchequer and accordingly issued notice to the Committee of Management to show cause, as to why the entire salary paid to Abha Rani be not recovered from the Management. Upto that date the Management had filed a counter affidavit and had supported the case of the petitioner both in the matter of selection as well as in the matter of her continuance without disclosing the details of the advertisement and mode of selection.;