- (1.) ALL the above three special appeals were heard together and as jointly agreed by the parties, are being disposed of by a common judgment. The facts of the appeals are interlinked and are interwoven and as a matter of fact, the special appeal Nos. 1153 of 2002 and 1189 of 2002 arise out of a common judgment of learned Single Judge disposing of seven writ petitions. The facts giving rise to these intra Court appeals in brief are as follows :
(2.) SMT. Manju Keshi Dixit, the respondent No. 4 (hereinafter referred to as the writ petitioner) was working as a teacher in the institution known as Surjo Bai Balika Inter College, Hathras, District Hathras having been appointed as an Assistant Teacher (English) in L. T. grade on October 1, 1974. Her case is that she was being paid salary as admissible to an Assistant Teacher in L. T. grade throughout for a considerable period of time. She also filed experience certificates dated 26-4-1983 and 11th January, 1996 in support of her claim certifying that she has been working as L. T. grade teacher. The certificate dated 11th of January, 1996 has been countersigned by the District Inspector of Schools on the basis of salary bill (record) produced by the College. However, the dispute arose around the year 1997 when the Committee of Management unauthorisedly deducted three days salary of the writ petitioner which on a representation made by the writ petitioner to the District Inspector of Schools was directed to be paid to her. She was suspended by one sentence order dated 12th of May,1997. The operation of the said order was stayed by this Court vide order dated 29th of May,1997 passed in writ petition No. 18266 of 1997. The said suspension order has been quashed and the said writ petition has been finally allowed against which the Committee of Management has not filed any appeal. It may also be placed on record that the Committee of Management filed another writ petition No. 34469 of 1997 claiming writ of Mandamus to the District Inspector of Schools to approve the suspension order passed by the Committee of Management. The said writ petition has been dismissed by this Court by the same judgment dated 12th of May, 1997. Special Appeal Nos. 1153 of 2002 and 1189 of 2002 arise out of judgment delivered in the writ petition No. 21685 of 1999 in Smt. Manju Keshi Dixit v. Regional Deputy Director of Education, Agra. The said writ petition was filed by the writ petitioner challenging the order dated 23rd of December,1998 passed by the Regional Deputy Director of Education, Agra. By the said order the claim of seniority of the writ petitioner was rejected vis-a-vis Smt. Raj Kumari. The said writ petition has been allowed by the learned Single Judge by the impugned judgment wherein it has been held that the writ petitioner was appointed as an Assistant Teacher in L. T. grade in the year 1974 in the College and had rightly been paid salary of the said grade. The Deputy Director of Education, Agra was directed to redecide seniority in the light of the observations made in the judgment of the learned Single Judge. But while allowing the writ petition, the learned Single Judge has also observed that the question as to whether any criminal proceeding may be initiated or not as ordered by the Court in its order dated 15th of September, 1999 is left to the Director of Education to take appropriate action and fix responsibility after affording opportunity to the parties and to the Manager of the College. The aforestated two special appeals No. 1153 of 2002 and 1189 of 2002 have been filed one by the Committee of Management and another by Smt. Raj Kumari. The main grievance of the appellants is that the learned Single Judge has exceeded in its jurisdiction in making observation as to whether any criminal proceedings would be initiated or not as observed by its earlier order dated 15th of November, 1999 is left to the Director of Education who has lodged First Information Report.
(3.) IT appears that in the light of the observations made by the learned Single Judge in the judgment in the aforesaid two special appeals, the Director of Education passed an order dated 9th/10th July, 2003 superceding the Managing Committee and directing the lodging of the First Information Report against the Manager of the Committee of Management. This led the filing of the writ petition No. 32024 of 2003, Committee of Management of Surjo Bai Balika Inter College v. State of U. P. and Ors. The said writ petition has been allowed in part and the order superceding the Managing Committee has been set aside but rest of the order has been confirmed by the learned Single Judge by the judgment dated 27th of February, 2004. Feeling aggrieved against the order of the learned Single Judge, the Committee of Management has filed special appeal No. 337 of 2004. Heard Shri Ashok Khare, the learned Senior Counsel for the appellants and the writ petitioner who appeared in person. All the above three matters were heard together.;