Siddharth, J. - (1.) Heard Sri V.K.Srivastava and Sri Adarsh Bhushan, learned Counsels for the petitioner and learned Standing Counsel, Sri Sankalp Narayan, V.K. Singh and Sri Nisheeth Yadav, the learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition praying for quashing of the order dated 10.05.1994 terminating his services by the respondent no.4, consequent to approval order dated 07.05.1994 of the Basic Shiksha Adhikari and the order dated 26.05.1995 approving the appointment of another Assistant Teacher on the post held by the petitioner.
(3.) The facts of the case are that the petitioner was initially appointed as Assistant Teacher in Adarsh Madhyamic Vidyalaya Tikari Khurd, Badagaon, Varanasi, a recognized institution upto Class-VIIIth, w.e.f., 01.07.1977 and he was working as such. The petitioner received a copy of Caveat Application dated 08.04.1996 intimating him that in case he files some writ petition against the order dated 07.05.1994 and 26.04.1994 passed by Zila Basic Shiksha Adhikari, he should serve the copy of the same on the Counsel for the respondent no.4, the Committee of Management of the Institution. The petitioner preferred a representation before the respondent no.4 and the respondent no.3, Zila Basic Shiksha Adhikari, Varanasi, praying that the copy of the order dated 07.05.1994 and 26.04.1994, terminating his services and order of prior approval respectively, may be given to him but the same was not served on him and he was also restrained by the Manager from serving the Institution. Against his illegal termination of services and appointment of Sri Shobh Nath Verma as Assistant Teacher in his place, the petitioner filed this writ petition, permitting him to join his duties and for quashing of the termination and approval of termination orders. By way of amendment, the petitioner has challenged the impugned orders on the ground that no notice or opportunity of hearing was every granted to him before passing of the impugned termination order dated 07.05.1999 and the appointment approval order dated 26.05.1995 of other Assistant Teacher may also be quashed.;