Sunil Ambwani, J. - (1.) The facts common in both these petitioners are that Smt. Prem Bala Faujdar was serving as L.T. Grade teacher in Arya Kanya Uchchtar Madhyamik Vidyalaya Chharra, District Aligarh. She sought transfer to a vacant post of Assistant Teacher in Lt. Nahar Singh Inter College Quarsi, Aligarh, on the ground that Charra, Aligarh is situate at about 40 KMs from Aligarh city and that she had to commute the distance every day to attend the teaching work. The Committee of Management of both the institutions gave their consent to the transfer, on which the District Inspector of Schools, Aligarh approved the transfer and forwarded the documents for approval to Regional Joint Director of Education, Agra Region, Agra. The transfer was approved by the Regional Joint Director of Education on 12.10.2001 and that the petitioner joined as Assistant Teacher in L.T. grade on 13.10.2001 in the same pay scale of Rs. 5500-8650/-.
(2.) It is alleged some differences arose between the petitioner and the Manager of the College, on which he made a false complaint against the petitioner to the Regional Joint Director of Education, Agra on 6.3.2002, alleging that the petitioner was not eligible to be appointed as L.T. grade teacher as she was initially appointed as a teacher in a Primary Section of Arya Kanna Uchchtrar Madhyamik Vidyalaya, Chharra, Aligarh. The District Inspector of Schools submitted a report staling that the primary section of the college was not regulated by the Intermediate Education Act 1921 and thus the transfer was illegal. Smt. Fauzdar submitted her explanation on 29.4.2002, stating that from the date of her initial appointment she was teaching secondary classes. Initially she was placed in the pay scale of trained B.T.C. teacher and that on 8.7.1979 she was given C.T. grade of Rs. 450 - 720/. At the relevant time the pay scale of teachers working in primary section was Rs. 350 - 500. She was given L.T. grade after completing 10 years in C.T. grade. By an order dated 24,5.2003 under challenge in writ petition No. 1514/2004, the Regional Joint Director of Education, Agra Region, Agra has found that the petitioner was appointed in the primary section and was never approved as a teacher of high school. She was wrongly given L.T. grade on 8.7.1989, as she was not appointed in C.T. grade. He has cancelled the transfer order and has directed the petitioner to be appointed in the primary section of the college from where she was transferred and the excess salary drawn by her shall be recovered by the District Inspector of School.
(3.) Smt. Faujdar preferred an appeal under Section 16-E (10) of the Intermediate Education Act 1921. The Director of Education (Madhyamik) Lucknow by his letter dated 26.6.2003 returned the original file with direction to Regional Joint Director of Education, Agra to reconsider his decision dated 24.5.2003, and until then the order dated 24.5.2003 was directed to be kept in abeyance. Aggrieved by the order dated 26.6.2003 passed by the Director of Education (Madhyamik) U.P. Lucknow, the Committee of Management, Lt. Nahar Singh, Inter College, Aligarh has filed writ petition No.55985/2002. Apart from praying for quashing the order dated 26.6.2003 and the consequential orders dated 4.7.2003 and 14.7.2003 passed by Regional Joint Director of Education, Agra and the District Inspector of Schools Aligarh, the Committee of Management, has also prayed for a writ of mandamus directing immediate repatriation of Smt. Prem Bala Faujdar to her parent institution, and to recover the salary drawn by her as L.T. grade teacher. The Committee of Management has also prayed for holding a departmental enquiry fixing the responsibility upon educational authorities who have allowed fraudulent transfer of Smt. Faujdar in higher grade and the scale to which she was not entitled.;