Surya Prakash Kesarwani, J. - (1.) Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri S.P. Singh, learned standing counsel for the respondents.
(2.) This writ petition has been filed challenging the order dated 22.6.2001, passed by the Joint Director of Education, IVth Region Allahabad, whereby the representation filed by the petitioner pursuant to the order dated 20.10.2000, in writ petition 45233 of 2000, has been rejected.
(3.) Briefly stated facts of the present case are that the petitioner was appointed on ad hoc basis in C.T. Grade on 27.9.1983 as Physical Education Teacher in Kamla Balika Inter College, Khaga, District Fatehpur. She took charge on 17.10.1983. During academic session 1988-89 she remained absent for about 94 days. During the academic session 1989-90, she remained absent for 104 days. In academic Session 1990-91 she remained present in the institution only till 6.7.1990 and thereafter without any leave she remained absent. Consequently, the respondent no.4 sent several letters/notices to the petitioner including the letters dated 9.7.1991 and 10.8.1991 sent by registered post intimating her that leave has not been sanctioned to her, therefore, she should immediately join her duties. Despite aforesaid letters of the respondent no.4, the petitioner has not responded and as such the respondent no.4 published a notice in a local daily news paper requiring the petitioner to join her duties within one week from the date of publication of the notice failing which her services shall be terminated. Despite this notice the petitioner had not appeared in the institution to join her duties. Consequently, the Committee of Management passed a resolution dated 22.9.1991, terminating the services of the petitioner and forwarded the proposal to the Divisional Inspectress of Girls School for approval vide letter dated 7.10.1991. After the impugned order dated 22.6.2001 was passed, a candidate regularly selected by U.P. Secondary Education Selection Board, namely, Km. Rama Arora was appointed as Assistant Teacher (Physical Education) against the vacant post in the institution in question where she joined on 14.8.2001. There is only one post of Assistant Teacher (Physical Education) on which the regularly selected candidate by the Board, namely, Km. Rama Arora, is working since 14.8.2001. Neither regularly selected candidate Km. Rama Arora has been impleaded as respondent in the present writ petition nor any relief has been sought against her. The petitioner has merely challenged the impugned order dated 22.6.2001 whereby her representation was rejected.;