S.R. Singh, J. - (1.) DESPITE repeated opportunity having been given to the respondents, no counter affidavit has been filed till date. Accordingly I have heard Sri Ashok Khare for the petitioner and Sri P.K. Sharma appearing for the opposite parties. The petitioners were appointed junior clerks in the scale of Rs. 950 -1500/ - by separate orders dated 18.7.1996 (Annexure -1 -A, 1 -B and 1 -C to the writ petition). The said appointments have been cancelled by the impugned orders dated 13.8.1996 on the ground that there were no provisions for making temporary appointment and further that procedure for selection was not followed. Concededly no opportunity was given to the petitioners before cancelling their appointments.
(2.) IN Shrawan Kumar Jha v. State of Bihar : A.I.R. 1991 SC 309, appointments of teachers were cancelled without opportunity for hearing being given to the appointees. The Supreme Court held that prior opportunity of hearing should have been given. The Apex Court observed as under. It is well settled that no order to the detriment of the appellants could be passed without complying with the rules of natural justice. We set aside the impugned order of cancellation dated November 3, 1988 on this short ground. As suggested by the learned Solicitor General we direct that Secretary (Education), Government of Bihar or to other person nominated by him should give an opportunity of hearing to the appellants and thereafter give a finding as to whether the appellants were validly appointed as Assistant Teachers. He shall also determine as to whether any of the teachers joined their respective schools and for how much duration. In case some of them joined their schools and worked they shall be entitled to their salary for such period. In Shri Dhar v. Nagar Palika Jaunpur : AIR 1990 SC 307, it was held that an order setting aside appointment without affording opportunity of hearing would be void for violating the principles of natural justice. Following the decisions aforestated, I allow the writ petition and quash the impugned order dated 13.8.1996. Zila Basic Shiksha Adhikari, Jalaun, however shall be at liberty to proceed in accordance with law and in the light of the observations made in this judgment.;