D. S. Sinha, J.- - (1.) SMT. Shikha Srivastava, the petitioner, who is a member of the cadre of Vishesh Adhinasht Shiksha Sewa of the State of Uttar Pradesh, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for redressal of her grievance of not being permitted to join her duties as Assistant Teacher at Government Girls Intermediate College, Phulpur, district Allahabad and non-payment of her emoluments including revised pay and certain travelling allowance etc , lawfully payable to her.
(2.) THE petitioner, having been selected by a Public Service Commission as Assistant Teacher (Psychology) in the cadre of Vishesh Adhinasht Shiksha Sewa of the State of Uttar Pradesh, carrying a pay scale of Rs. 400-15-475-EB-20- 575-EB-25-750, was initially appointed and posted at Government Girls. Intermediate College, Syed Raza Varanasi by means of an order dated 7th April, 1981, a true copy whereof has been annexed to the petition as Annexure-1. She joined her posting at Varanasi but by means of another order dated 22nd July, 1981 the place of her posting was changed and she was required to take over at Government Girls Intermediate College, Phulpur, district Allahabad. Consequently she joined at Government Girls Intermediate College, Phulpur, on 3rd August, 1981, where she worked during the period between 3rd August, 1981 and 8th July, 1985. During this period the petitioner taught various subjects other than Psychology until the year 1984 when the subject of Psychology was introduced. The academic session of the college commenced on 8th July, 1985 after summer vacation and the petitioner resumed her duties on that date but proceeded on long medical leave for six months with effect from 9th July, 1985. It appears that by means of an order dated 20th June, 1985 the petitioner had been transferred to Government Girls Intermediate College Sardar Nagar Gorakhpur. This order of transfer dated 20th June, 1985 was, however, cancelled by means of an other order dated 7th January, 1986 and in pursuance whereof the petitioner was supposed to resume her duties at Government Girls Intermediate College, Phulpur. The copy of the order dated 7th January, 1986 is annexed with the petition as Annexure-3. A copy of the order dated 7th January. 1986 was endorsed to, inter alia, the Principal Government Girls Intermediate College, Phulpur the respondent no. 1 also. In obediance to the order dated 7th January, 1986 the petitioner reported at Government Intermediate College, Phulpur for resuming her duties on 9th January, 1986, but the Principal of the college did not permit her to do so. The office of the Principal of Government Girls Intermediate College, Phulpur was held by Miss Durga Tewari who is impleaded in the instant writ petition by name as respondent no. 5 and she continues to hold the said office even today.
(3.) ON 9th January, 1986 itself Miss Tewari addressed a communication to Smt. Urmila Kishore, Joint Director of Education (Women), Directorate of Education, U. P. Allahabad and a true copy of this communication is on the record as Annexure C. A. 18 appended to the counter-affidavit of Miss Tewari. Through this communication Miss Tewari informed that it was not possible for her to permit the petitioner to resume her duties on two grounds : firstly, that the petitioner was a Lecturer of Psychology and no post with regard to the subject of Psychology was approved in the college; secondly, that the petitioner had committed many irregularities and had created administrative problems. The petitioner also informed the Joint Director of Education (Women) and the District Inspectress of Girls Schools, IV Circle, Allahabad about the factum of her reporting at the college and also of not being permitted to do so by means of her communications dated 9th January, 1986 and 20th January, 1986 respectively. After four days Miss Tewari addressed another communication dated 13th January, 1986 to Smt. Urmila Kishore, Joint Director of Education (Women) informing her that the services of the petitioner were not required in the college and again complaining about her activities creating administrative problems. A copy of the letter dated 13th January, 1986 was endorsed to the Regional Inspectress of Girls Schools, IV Circle. Allahabad also and it appears that in this connection the District Inspectress of Girls Schools, Allahabad was directed to visit the college and enquire into the matter. The District Inspectress of Girls Schools, therefore, visited the college and enquired into the matter. She submitted her report to the Regional Inspectress of Girls Schools IV Circle, Allahabad which is dated 21st January, 1986 and forms part of the record of the Directorate of Education, U. P Allahabad as a paper no. 26. According to this report the stand of the Principal was that there was no post of Lecturer in Psychology and that she was not prepared to permit the Lecturer of an un-approved subject to take charge. It further transpires from the said report that the Principal had made it clear that she would not permit the petitioner to take charge so long she herself was not transferred from there.;