IRSHAD ALI,J. - (1.) The present special appeal has been filed challenging the judgement and order dated 14.11.2007 passed in Writ Petition No. 8765 of 2000 (Smt. Nirmala Rai and others v. Director of Education (Basic) and others whereby the learned Single Judge has dismissed the writ petition.
(2.) On perusal of the pleading of the special appeal and writ petition, it transpires that Shaheed Junior High School, Salempur, Ballia is a recognized institution under the provisions of U.P. Basic Education Act, 1972. The service conditions of the teachers are governed by U.P. Recognized Basic School (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 while the service condition of the employees are governed by U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Rules 1984 (hereinafter for the sake of brevity referred to as the Rules 1978 and 1984 respectively). In the writ petition there was a challenge to the order dated 16.11.1999 and report dated 5.1.2000 whereby the appointments of the appellants petitioners were held to be illegal being contrary to the Rules of 1978 and 1984. In the writ petition further prayer was made to ensure the payment of regular salary to the appellants petitioners.
(3.) On perusal of the record of the present appeal and annexures filed thereto the claim of the appellants petitioners appears to be that the three posts of Assistant Teachers fell vacant on the resignation of the incumbents, namely, Sri Lallan Chaudhary, Sri Munni Lal Gupta and Sri Shree Ram Upadhyay and one post of clerk fell vacant on the resignation of Suresh Yadav. The resignations submitted by the teachers and clerk were duly accepted by the Committee of Management and information in this regard was submitted to the District Basic Education Officer, District Ballia.;