Ajit Kumar, J. - (1.) By means of present writ petition, petitioners have approached the Court for quashing the order dated 20th February, 2009, whereby their services have been terminated as Assistant Teacher (Urdu) in Junior Basic Schools run by District Basic Education Board U.P. Allahabad. The order impugned is dated 20th February, 2009 passed by District Basic Education Officer, Hamirpur.
(2.) Heard learned counsel for the parties.
(3.) At the very outset Sri R.K.Ojha, learned Senior Counsel stated that in view of the order dated 13th December, 2016 passed in writ petition no. 12693 of 2009, the writ petitioner nos. 1 to 8, 10 and 11 have already stood dismissed in view of the order passed by Division Bench in Special Appeal Defective No. 229 of 2010. However, in respect of the remaining writ petitioners, the matter was left open for the learned Single Judge to proceed further and this is how the present petitioner is now to be heard only in respect of petitioner nos. 9 to 31 excluding the petitioner nos. 10 and 11. The order of Division Bench dated 13th December, 2016 in Special Appeal Defective No. 229 of 2010 is quoted hereunder: "This intra court appeal is directed against the judgment and order of the learned Single Judge dated 23.4.2002 passed in Writ Petition No. 33294 of 1995 Mohd. Yunus and others Vs. State of U.P. and others as also against the judgment and order dated 2.2.2010 passed on Review/Recall Application No. 59935 of 2009. The record reflects that Writ Petition No. 33294 of 1995 was decided by learned Single Judge on merits and it was dismissed. The order dated 23.4.2002 itself records that one M.M.L. Srivastava was heard on behalf of petitioner while Standing Counsel was heard on behalf of respondents. An application for recall/review of the said judgment dated 23.4.2002 was filed after 7 years of the said judgment, to be exact on 16.2.2009. The learned Single Judge under the order dated 2.2.2010 has recorded that there is absolutely no plausible reason for condoning the delay of 7 years in making of the application for recall/review. It has been recorded that the petitioner is not correct in stating that he was not aware of the order dated 23.4.2002 when the writ petition was decided after hearing his counsel. We see no merit in the present appeal. Dismissed. ";