V.M.Sahai and Ran Vijai Singh, JJ. - (1.) THIS special appeal has been filed by the appellant-petitioner against the judgment and order dated 20.10.2008 passed by learned single Judge in Writ Petition No. 54217 of 2008, Israr Mohammad v. State of U. P. and others by which the petition filed by the petitioner has been dismissed.
(2.) THE facts giving rise to this appeal are that the petitioner was initially appointed on 19.9.1985 as Assistant Teacher in the Junior Basic School. In the year 1996, he was appointed as Sankul Prabhari while he was working as Assistant Teacher. In the year 2005, the petitioner was promoted on the post of Headmaster. After promotion on the post of Headmaster, he was again appointed as Sankul Prabhari, Karwa Buzurg on 31.8.2005 by the District Basic Education Officer, Etawah. THE petitioner's appointment on the post of Sankul Prabhari was cancelled by the District Basic Education Officer, Etawah vide order dated 27.9.2008 on the ground of certain lapses on the part of the appellant with regard to the distribution of scholarship in the Junior Basic School and Senior Basic School Karwa Buzurg whereas the direction was issued to distribute the scholarship well within time. Another ground for cancellation to the appointment was that inspite of specific instructions for white washing of the school building from cement it was whitewashed by lime. Shri Pankaj Kumar Srivastava, learned counsel for the petitioner has challenged the impugned order dated 20.10.2008 on the following grounds : (a) Because the impugned order in the writ petition dated 27.9.2008 was passed in breach of principle of natural justice as no opportunity whatsoever was given by the District Basic Education Officer, Etawah to the petitioner before cancelling his appointment as Sankul Prabhari, therefore, learned single Judge has erred in dismissing the writ petition; (b) Because the tenure of the appointment was not mentioned in the appointment letter, therefore, learned single Judge has wrongly noticed that the terms of appointment of two years has expired and on this ground refused to interfere with the impugned order dated 27.9.2008 ; (c) Because the impugned order in the writ petition dated 27.9.2008 amounts to reversion as the salary of Sankul Prabhari is higher than the post of Head Master/ Teacher. Learned standing counsel appearing for the State respondent has submitted that at present the selection on the post of Coordinators (Sankul Prabhari) Block Resource Centres Coordinator and Nyaya Panchayat Resource Centres Coordinator (B.R.C.C. and N.P.R.C.C.) are made on deputation for the maximum period of two years pursuant to the Government order dated 29.6.2002. This Government order also put restriction that after completion of two years there will be fresh selection on the post and the persons once appointed as a coordinator will not be considered in the fresh selection.
(3.) LEARNED standing counsel also points out that the Government order dated 29.6.2002 was challenged before this Court through various petitions and this Court had dismissed the writ petitions on 9.4.2004. The number of leading writ petition happens to be 27778 of 2003, Shailendra Kumar Misra and others v. State of U. P. and others. This order was challenged through Special Appeal No. 535 of 2004 which too was dismissed on 11.5.2004.;