- (1.) Ram Kinkar Pandey and two others are before this Court, assailing the validity of the order dated 17.12.2012 passed in Civil Misc. Writ Petition No. 36874 of 2003 (Ram Kinkar Pandey and others v. State of U.P. and others) , wherein learned Single Judge has dismissed the writ petition with cost of Rs. 10,000 against each one of the petitioners.
(2.) Brief background of the case is that there has been an institution known as Siddarth Shiksha Niketan Uchchattar Madhyamik Vidyalaya, Tetri Bazar, District Siddarth Nagar, initially recognised as Junior High School and then upgraded to High School in the year 1984. Petitioner-appellant no.1 claims to have been appointed in the institution on 01.07.1981 and further claims that his appointment had been approved on 18.03.1983 by the Basic Shiksha Adhikari, Basti. Petitioner-appellant no.2 claims to have been appointed in the institution on 28.08.1988 and further claims that his appointment had been approved on 24.02.1991 by the District Inspector of Schools. Petitioner no.3 claims to have been appointed on 10.04.1989 and further claims that his appointment had also been approved on 29.02.1991 by the District Inspector of Schools, Siddharth Nagar. Institution in question has been brought in the grant-in-aid list of the State Government on 01.04.1996 and thus the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and others Employees) Act, 1971 became applicable in the institution in question. Petitioners-appellants submit that Joint Director of Education vide order dated 17.07.1997 passed order for ensuring payment of salary to the teachers and other employees of the institution, however, said order maintained complete silent in reference of the petitioner-appellants and same impelled the petitioner-appellants to file Civil Misc. Writ Petition No. 25554 of 1997 and this Court on 05.08.1997 passed order directing the Joint Director of Education to consider the claim and to pass reasoned order. Petitioner-appellants submit that thereafter Joint Director of Education, Basti Region, Basti on 17.05.1999 passed order for ensuring payment of salary. Petitioner-appellants submit that consequential order dated 20.06.1999 was issued by the District Inspector of Schools, Siddharthnagar, but no payment was made.
(3.) From the record, it is reflected that Sri Dwarika Prasad, Joint Director of Education, Basti Region, Basti proceeded to inform the authorities concern vide letter dated 13.10.1999 that various orders have been issued under his forged signature, and accordingly pursuant to said situation directive was issued for keeping salary of petitioner-appellants be kept on hold. At the said juncture Civil Misc. Writ Petition No. 31283 of 2002 had been filed by the petitioner-appellant no.1 to pass order and then order impugned had been passed wherein entire proceeding were found to be forged, and thus petitioner-appellants filed Civil Misc. Writ Petition No. 36874 of 2003 and learned Single Judge has proceeded to dismiss the writ petition in question, against which present special appeal has been filed.;