- (1.) HEARD Shri Rahul Agarwal, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents.
(2.) BY means of present writ petition, the petitioner has prayed for quashing the order dated 20.1.2007 in so far as it directs that the petitioner will not claim salary for the services rendered by him between 10.11.1998 to 20.1.2007 and would also not be entitled for any consequential benefits for the same period.
(3.) BRIEF facts giving rise to the writ petition are that two posts of Asstt. Teachers were available in Gayatri Devi Purva Madhyamik Vidyalaya, Sangipur, Soraon, Distt. Allahabad and the same were advertised in the newspaper 'Aaj' on 7.8.1990. As per the advertisement the petitioner had applied and was placed at Sl.No.1 in the selection. The Committee of Management had accepted the recommendation of the Selection Committee and forwarded the papers to the District Basic Education Officer, Allahabad on 7.9.1998 for approval of said selection. In this regard certain queries had been made by the Basic Shiksha Adhikari, Allahabad on 23.9.1998 and the said queries had immediately been responded by the Committee of Management on 29.9.1998. Thereafter, the appointment letter dated 9.11.1998 was issued to the petitioner by the Management after the lapse of one month from the date of reply to the queries to the Basic Shiksha Adhikari dated 29.9.1998, in pursuance to Rule 10 (b) (iii) of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978 (in short the Rules). For ready reference, the Rule 10 (b) (iii) of the Rules is reproduced hereunder: - "10 (b) (iii). If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded approval to the recommendations made by the Selection Committee." Thereafter, the petitioner has joined the institution on 10.11.1998. Subsequently an exparte order was passed by the Basic Shiksha Adhikari on 18.12.1998 and the appointment of the petitioner had been cancelled on the ground that the Reservation Rules had not been followed in the said selection. The same has been assailed by means of Writ Petition No.5607 of 1999. Another writ petition No.30605 of 1998 was also filed by one Shri Kumbh Karan Singh for quashing the subject selection process. Both the writ petitions were decided by common order dated 13.4.2006 directing the Basic Shiksha Adhikari to consider the claim of the petitioner within three month's time. The relevant portion of the order dated 13.4.2006 is reproduced hereunder: - "In view of the foregoing discussions, the order of District Basic Education Officer dated 18th December, 1998 in so far as it confines to one post of Assistant Teacher meant for general category candidate is set aside. The District Basic Education Officer shall consider the selection dated 23rd August, 1998 against one post belonging to general category candidate and take a decision on merits within a period of three months from the date of production of a certified copy of this order. One out of two posts which is reserved for scheduled caste category candidate shall be advertised again in accordance with the procedure prescribed under 1978 Rules after due approval of the District Basic Education Officer.";