KAMLA PATI TRIPATHI Vs. DISTRICT BASIC EDUCATION OFFICER
LAWS(ALL)-2005-2-220
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on February 24,2005

KAMLA PATI TRIPATHI Appellant
VERSUS
DISTRICT BASIC EDUCATION OFFICER Respondents

JUDGEMENT

Rajiv Sharma, J. - (1.) Heard Counsel for the parties.
(2.) The brief facts of the case are that the petitioner was given appointment by the opposite party No. 4 i.e. The Adhyaksh Shiksha Samlti Gram Panchayat, Naurani, Rampur, district Ambedkar Nagar vide order dated 4.8.1999. In compliance of the order dated 4.8.1999, the petitioner had joined at Prathmik Vidyalaya, Fhidai Ganeshpur and started working. Since the petitioner was not paid his salary, he moved an application dated 31.12.1999 to the opposite party No. 4. Since the opposite party No. 4 did not take any steps on the aforesaid application, the petitioner moved an application dated 31.1.2000 before opposite party No. 1 i.e. District Basic Education Officer. On the aforesaid application, the opposite party No. 1 wrote a letter dated 21.2.2000 to the concerned School Head Master, indicating therein that the appointment of the petitioner is irregular. On receipt of the aforesaid letter, which was received by the Head Master on 24.2.2000, the opposite party No. 2 passed an order, which appears to be back dated wherein it has been mentioned that since the appointment is irregular and, as such, the petitioner may be restrained from coming to the College.
(3.) Being aggrieved against the aforesaid action, the petitioner has preferred the instant writ petition on the following reliefs : "(a) That a writ, order or direction in the nature of certiorari may be issued quashing the order dated 19.8.1999 contained in Annexure-6 issued by the opposite party No. 2. (b) That a writ, order or direction in the nature of mandamus may be issued commanding the opposite parties to allow the petitioner to continue in service and to get salary regularly without any effect of the order Annexure-6. (c) That a writ, order or direction in the nature of mandamus may be issued commanding the opposite parties to allow the petitioner his salary from 4.8.1999 till date. (d) That the cost of the writ petition may be awarded to the petitioner. (e) That any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case may be issued in favour of the petitioner and against the opposite parties.";


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