- (1.) This Special Appeal has been filed against the judgment and order dated 7.2.2001 of a learned Judge of this Court in Writ Petition No. 17594 of 1998 by which the writ petition was allowed and the impugned order dated 25.3.1998 passed by the Regional Joint Director of Education, Agra Region, Agra (hereinafter referred to as the 'Regional Joint Director') was quashed so far as it related to the petitioner. A further direction was issued that the petitioner shall be entitled to receive salary along with the other approved staff and Teachers of the Baptist Higher Secondary School, Agra (hereinafter referred to as the 'School').
(2.) The writ petition, out of which the present Special Appeal arises, was directed against the order dated 25.3.1998 passed by the Regional Joint Director. It was stated in the petition that the School, which was a minority Institution was brought on the grant-in-aid list by the State Government w.e.f. 1.4.1996 though it was initially run as a recognised Institution from 25.2.1984. Pursuant to the advertisement issued by the School, the petitioner submitted an application seeking appointment to the post of Assistant Teacher. The petitioner was then directed by the Principal of the School to join the post w.e.f. 10.7.1995 and the petitioner accordingly submitted her joining on 10.7.1995. Subsequently, the petitioner received a letter dated 30.5.1997 from the Manager informing her that she had been confirmed as an Assistant Teacher w.e.f. 1.7.1996. After the School was brought on the grant-in-aid list on 1.4.1996, an order was passed on 26.12.1997 by the Regional Joint Director approving the names of certain Teachers for payment of salary but the name of the petitioner was not included in that list. Subsequently an order dated 25.3.1998 was passed by the Regional ..Joint Director in which the cases of four Assistant Teachers including the. petitioner were considered and in respect of the petitioner it was stated that the attendance of the petitioner was shown in a separate Attendance Register from 10.7.1995 to 20.5.3996 but the Committee of Management did not produce any document to substantiate that salary to the petitioner was ever paid. It was also mentioned that even the list of the Teachers working in the School in March, 1996 which had been enclosed along with the report dated 19.2.1997 of the District Inspector of Schools and which had been signed by the Accounts Officer and counter signed by the District Inspector of Schools did not contain the name of the petitioner. It is in these circumstances that by the order dated 25.3.1998 the Regional Joint Director was unable to approve the name of the petitioner for payment of salary when the School was brought on the grant ill-aid list.
(3.) In the counter-affidavit filed to the writ petition, it was stated that the procedure prescribed for appointment of Assistant Teacher had not been followed and, in fact, there was neither any prior approval of the District Inspector of Schools and nor any appointment letter was issued to the petitioner. The appointment letter was also not produced by the petitioner before the Regional Joint Director. There was, therefore, no occasion for making any payment of salary to the petitioner and merely because the petitioner had been permitted by the Committee of Management to join the School and her attendance was marked on a separate Register, she would not be entitled to claim that she had ever been appointed.;