R.M. Sahai, B.L. Yadav, J. - (1.) The petitioner was appointed as an Assistant Teacher in L.T. grade in Raja Ram Uchchattar Madhyamik Vidyalaya, Hardon, District Fatehpur in 1974. In 1975 the institution was upgraded. He was again selected and his selection was approved by the District Inspector of Schools in 1976. His services were terminated by the Principal in March, 1977. Since then he has been making representations to the District Inspector of Schools who has directed the Committee of Management of reinstate him but the respondent No. 2 did not comply with the order. Consequently, the Petitioner has come to this Court.
(2.) Short question is whether the order terminating the Petitioner's services is in accordance with law. Since the matter in this regard has been settled by a decision of this Court reported in Uma Shankar Pandey v. District Inspector of Schools, Deoria and others, 1985 UPLBEC 170.. It is not necessary, to narrate the facts in detail. Suffice it to mention that the petitioner admittedly was an Assistant Teacher in August, 1975 and he continued as such in March, 1976, therefore, the benefit of the Removal of Difficulties Order issued in November, 1976 was available to the petitioner. He, therefore, became a permanent employee under Section 16-GG of U.P. Intermediate Education Act. The order of terminating the services of the petitioner, therefore, cannot be maintained.
(3.) In the result, this petition succeeds and is allowed. Since the order terminating the petitioner's services has been held to be contrary to law, the Petitioner is entitled to his salary and re-instatement from the date of his termination. The District Inspector of Schools, Fatehpur is directed to pay the salary of the Petitioner from the date of his termination till today within a period of three months ; from the date a copy of this order is produced. The petitioner shall, further, be re-instated shall be entitled to his future salary. There shall be no order as to costs. Petition allowed.;