S.R. Singh, J. - (1.) The petitioners Saltanat Rai, Bai Chand, Ganga Deen and Bliagwan Rani claimed to have been appointed as assistant teacher in C. T. Grade on 4-7-1974, 20-8-1974, April, 1975 and 1-1-1975 respectively in Babu Uchchatar Madhyamic Vidyalaya, Siyarahi, Penial Tappa Gotha Pergana and Tehsil Ghosi, District Azamgarh. The services of petitioners Saltanat Rai, Bai Chand and Bhagwan Ram petitioners Nos. 1, 2 and 4 were terminated by notice dated 28-12-1976 on the purported ground of continuous absence from duty. The services of petitioner No. 3 Ganga Deen were terminated on similar ground by notice dated 11-1-1977. The present writ petition under Article 226 of the Constitution seeks issuance of a writ of certiorari quashing the aforesaid notices.
(2.) The writ petition was earlier dismissed by a Division Bench of this Court by Judgment and order dated 19-7-1983 on two grounds. Firstly that the petitioners had instituted a suit for redressal of their grievances and the writ petition was filed while suit was pending, and secondly that the petitioners may approach the District Inspector of Schools for redressal of their grievances. Aggrieved against the dismissal of the writ petition, Special Leave Petition was filed before the Hon'ble Supreme Court. The leave was granted. The order of the High Court was set aside with a direction to the High Court to dispose of the writ petition on merits. The matter is accordingly up for decision on merits.
(3.) To complete the chain of the facts it may be stated here that against their termination the petitioners had instituted a suit in which the leave Munsif had initially granted an interim order to the effect that no substantive appointment would be made pending decision of the suit and that the plaintiffs would not be restrained from making signature in the attendance register. The defendants were given liberty to avail of the services of the plaintiffs if they so liked. The interim order passed by the Munsif was, however, set aside in appeal vide order dated 19-3-1979. The petitioners preferred a civil revision which was withdrawn in view of the Full Bench decision of this court in which it was propounded that no revision was maintainable against the order of the Additional District Judge and it was there after that the petitioners filed the instant writ petition, which was dismissed by the Division Bench as aforesaid.;