S.H.A.Raza, J. - (1.) The petitioners who were working as Assistant Teachers in Shri Dev Narain Singh Junior High School, Pakarpur, District Sultanpur have assailed the order dated 27-9-79 passed by the Manager of the said school terminating their services from the date of the order. They were directed to deposit the tuition fee which they had collected and thereafter one month's salary would be paid to them.
(2.) The writ petition was admitted ton 19-3-80. On 16th August, 1994 a Division Bench of this Court dismissed the writ petition. Thereafter the petitioners filed a Special Leave Petition, which was disposed of with certain observations. Thereafter a review petition was also filed before the Hon'ble Supreme Court. On 3rd September, 1996, Hon'ble Supreme Court passed the following order ; "We are of the view that this is a fit case in which the order dated 27-1-86 should be reviewed because not only the High Court but also this Court proceeded on the basis that the Act applicable was the U.P. Junior High School (Payment of Salaries to Teachers and other Employees) Act, 1978. In fact this Act was not applicable and the application for permission to discharge the respondents was made to the Basic Education Officer under Rule 15 of the U.P. Recognised Basic Schools (Junior High School Recruitment and Conditions of Service of Teachers) Rules, 1978 framed under the Basic Education Act, 1972. We, therefore, set-aside our order as also the order of the High Court on the ground that it was not the U.P. Junior High School-(Payment of Salary to Teachers and other Employees) Act, 1978 which applied, but the U.P. Recognised Basic Schools & Junior High Schools (Recruitment and Condition of Service of Teachers) Rules, 1978 framed under the Basic Education Act, 1972. The High Court will consider the matter in this light and decide whether the termination of service of the respondents was valid or not. It will be open to the respondents to raise any contentions which are available to them. Parties will be at liberty to produce any further documents having a bearing on the issues arising in the writ petition. Since the respondents have been out of service for a long time, we would request the High Court to dispose of the writ petition before it as far as possible within three months from today. The Review petition is disposed of accordingly."
(3.) A perusal of Annexure-11 to the affidavit for amending the writ petition will indicate that Daddan Singh, petitioner No. 1 was informed by the Manager of Sri Dev Narain Singh (Junior School) which subsequently was raised to the status of High School that he was appointed on 1st July, 1977 as Assistant Teacher on temporary basis for the session 1977-78. At the end of the session his services were terminated and accordingly Sri Daddan Singh was informed about it on 16-5- 1978, but considering the interest of the students, the matter was again reconsidered regarding the appointment of Sri daddan Singh and with effect from 1-7-1978 he was appointed for one year, the order mentioned that after the end of the academic session the case of Daddan Singh for permanent appointment shall be considered again. Similar orders were issued in favour of other teachers. The services of the petitioners were terminated by means of order dated 22-9-1979 by the Manager of the Institution after obtaining approval of the District Basic Education Officer, Sultanpur.;