- (1.) ARUN Tandon, J. Heard Sri S. P. Pandey, learned Counsel for the petitioner, Sri B. P. Singh, Advocate and Sri Raju Singh, Advocate and learned Standing Counsel for the respondents.
(2.) MAHABIR Prasad Balika Vidyalaya Junior High School, Khuldabad, Allahabad is a recognized Junior High School within the provisions of U. P. Basic Education Act, 1972. It is not in dispute that the provisions of U. P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 are fully applicable to the teachers of the said institution. The institution is also aided and the provisions of U. P. Act No. 6 of 1978 are also applicable. Under an advertisement dated 30th August, 1998 one post of Headmaster and two post of Assistant Teacher in the said institution were advertised. The Selection Committee, constituted in accordance with the rules, vide recommendation dated 23-2-1999 recommended appointment of petitioner alongwith one Bandana Jaiswal as Assistant Teacher against the advertised vacancies. Relevant papers qua the appointment so offered were transmitted to District Basic Education Officer for necessary approval. Since no orders were passed by the District Basic Education Officer, Writ Petition No. 22635 of 2000 was filed before this Court. The Hon'ble Single Judge vide judgment dated 17-5-2000 held that since no decision has been communicated qua the papers submitted within the time specified, it shall be deemed that the appointment of the selected teachers has been approved under Rule 10 (5) (III) of 1978 Rules. The Court, therefore, directed the Finance Officer to take necessary action for payment of salary to the teachers, if she is working and is eligible for the payment.
(3.) THE papers transmitted qua the appointment of the petitioner were objected to by the District Basic Education Officer, Allahabad vide order dated 30th June, 2000 on the ground that the reservation applicable has not been applied as well as on the ground that quality point marks have not been awarded. This order of the District Basic Education Officer was challenged by means of Writ Petition No. 30207 of 2000. THE writ petition has been allowed vide judgment and order dated 31st August, 2005. This Court held that the appointment of the petitioner shall be deemed to have been approved under Rule 10 of the aforesaid Rules, 1978. It has further been held that the objection with regard to non- fulfillment of the reservation applicable stands cured in view of the subsequent advertisement made by the Committee of Management in respect of the other existing vacancies. THE Court after quashing the order dated 30th June, 2000 required the District Basic Education Officer to consider the matter with regard to payment of salary, preferably within the time specified under the order. In compliance of the order of this Court, referred to above, the District Basic Education Officer by means of order dated 15-4-2006 has refused payment of salary to the petitioner after recording a finding that since the reservation provided for has not been fulfilled while offering appointment to the petitioner, she is not entitled for such salary. This order of the District Basic Education Officer, Allahabad has been challenged by means of the present writ petition.;