- (1.) Heard Shri Dhruv Narain, Senior Advocate assisted by Shri Irshad Ali and Shri Bhavesh Pratap Singh for the petitioner and Shri P.N. Saxena, Senior Advocate assisted by Shri Alok Dwivedi for the private respondents. Learned Standing Counsel has appeared for the State respondents.
(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned termination orders dated 25.8.2013 and 5.9.2013 issued by the Manager, Harjinder Nagar Inter College, Harjinder Nagar, Kanpur Nagar and has further prayed for direction commanding the respondents not to interfere in his functioning as Principal of the Intermediate College and to pay his regular monthly salary on the said post including all arrears of salary from the date of his suspension.
(3.) Brief facts giving rise to the present case are that Harjinder Nagar Inter College, Harjinder Nagar, Kanpur Nagar (hereinafter referred to as the institution) is a recognized and aided Intermediate College and is governed by the provisions of U.P. Intermediate Education Act, 1921 (in short, the Act) and U.P. High School Intermediate Colleges (Payment of Salaries to the Teachers and other Employees) Act, 1971. The institution is established and administered by Sikh minority community and has been accorded recognition as a minority institution. The petitioner was appointed as Lecturer in the institution on 30.10.1979. Subsequently, he was selected for the post of Principal by way of direct recruitment and appointed as Principal of the institution on 5.9.2002. The petitioner is in continuous service in the institution from 30.10.1979 and as Principal of the institution from 5.9.2002 and his conduct throughout has been satisfactory and no complaint has been made with regard to his working and conduct. Till the management dispute having come into existence in the institution, there existed no objection of any kind against the working or conduct of the petitioner.;