PANKAJ MITHAL, J. - (1.) THE plaintiff Smt. Santosh Kumari Uppal was a teacher in the Manokaran Kanya Junior High School, Shahjahanpur since 1968. She was subsequently promoted and appointed as the Head Mistress/Principal of the same. The Committee of Management of the institution initiated disciplinary proceedings against her and she was placed under suspension. It is said that in order to avoid the disciplinary proceedings she tendered her resignation as Principal on 23.3.1983 which was accepted, and as such her services came to an end.
(2.) IN this factual background, the plaintiff instituted Original Suit No. 404 of 1984 against the institution concerned, its Committee of Management, District Inspector of Schools, Additional District Basic Shiksha Adhikari (Mahila), Shahjahanpur, District Basic Shiksha Adhikari, Shahjahanpur, amongst other higher authorities of the education department and the State of U. P. with the prayer that a decree be issued declaring the orders dated 16.6.1984 of the Committee of Management, 15.11.1983 of the Additional Director of Education U.P., Allahabad and 7.5.1984, if any, of the Director of Education, U. P. Allahabad as illegal and to treat her in continues service as Principal of the aforesaid junior high school. A prayer for a decree of permanent injunction restraining the authorities from making any appointment on the post of Principal of the institution was also made. The suit was instituted on 2.7.1984. It was dismissed in default on 9.4.1985 and was restored on 12.7.1990. During this period when the suit had remained dismissed in default Smt. Sudha Tiwari (the present appellant No. 3 in this second appeal) was appointed as the Principal. Therefore, she was impleaded as defendant No. 13 in the suit vide order dated 24.1.1996. The plaint was also got amended on the said date and a further prayer challenging the appointment of Smt. Sudha Tiwari aforesaid and the approval granted to her appointment was also made. Later, on 2.5.2000 a further amendment was made in the plaint and a prayer 3T-2 was added to declare the plaintiffs resignation dated 23.3.1983, the order of the Manager of the Committee of Management of the institution dated 28.3.1983, the resolution of the Committee of Management of the institution dated 5.5.1984 and the order of the Additional District Basic Shiksha Adhikari, Shahjahanpur dated 6.9.1984 to be illegal and void.
(3.) IN short, the plaintiffs case as put forwarded was to the effect that she had never tendered resignation, her so called resignation dated 23.3.1983 does not bear her signatures, the order accepting her resignation dated 28.3.1983 is illegal, she had continued in service and paid salary even after the said date, the acceptance of her resignation amounts to her discharge from service which could not have been done without the prior approval of the District Basic Shiksha Adhikari as contemplated by Rule 15 of Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teacher) Rules, 1 978 (hereinafter referred as an Act).;