- (1.) The controversy involved in both these Special Appeals is common, as such both the appeals were heard together and are decided by common judgement.
(2.) The appellants have challenged the judgement and order dated 16.9.2013 passed by the learned Single Judge whereby writ petition no. 35802 of 1999(Rakesh Kumar Gupta Vs. District Basic Education Officer) connected with writ petition no. 37539 of 1999 (Uma Shankar Sharma Vs. District Basic Education Officer and another) were disposed off finally.
(3.) Brief facts giving rise to the special appeals are that Rakesh Kumar Gupta- respondent no.1 was appointed on the post of clerk on 29.8.1983 in Hindu Model Junior High School, Moradabad. He continued to serve as clerk till his services were terminated by the Management by an order dated 1.11.1985. Against the order of termination, he represented before the District Basic Education Officer, Moradabad, who by an order dated 19.11.1985 allowed the representation and declared his termination to be illegal and violate of the provisions of Rule 21 of Uttar Pradesh Recognised Basic Schools(Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff & Group 'D' Employees) Rules, 1984(hereinafter referred to as 1984 Rules). It was found that before terminating the services of the respondent no.1, prior approval was not taken from the District Basic Education Officer, Moradabad, in accordance with Rule 21 of the Rules 1984.;