- (1.) One Smt. Paliwal was appointed as Incharge Head Mistress of the School by the order dated 17th May, 75. The petitioner had challenged the said appointment on the ground that she is legally entitled to be appointed as Incharge Head Mistress as well as on account of her qualification as regular Head Mistress. The cLalm petition was allowed in part in the manner following :- "In the circumstances, the cLalm petition is partly allowed. The impugned order dated 17.5.1975, passed by the Basic Shiksha Adhikari appointing Smt. Paliwal, opposite party no.3 as Incharge Head Mistress, is declared in effective being without jurisdiction and is quashed. The petitioner is also declared to be the Incharge Head Mistress as of the Senior Basic Balika Vidyalaya, Devai with effect from 30.6.1972 but the opposite party no.1 is directed to hold the selection for the post of Head Mistress expeditiously in accordance with the rules and consider the cLalm of the petitioner also for the post the plea of granting arrears to any of the petitioner treating her as regular Head Mistress is, however, rejected."
(2.) This order was challenged by Smt. Paliwal in Writ Petition No. 5029 of 1980. The said writ petition was disposed of by an order dated 17th June, 97 by dismissing the writ petition and, thereby, affirming the order of the learned public Service Tribunal. In the said order, certain observations were made, which may be quoted herein below:- "In that view of the matter, I am not inclined to interfere with the impugned order of the Tribunal. The writ petition therefore, fails and is accordingly dismissed. There will be however no order as to costs." However, it is observed that the question of seniority, which was not subject matter in the cLalm petition before the Tribunal shall remain open to be decided in accordance with law in between the parties in future. "The fact remains that a stop gap arrangement appears to continue till today. It is a matter of grant regret that the result of regular selection has not been declared. The direction contained in the order of the learned Tribunal quoted above with regard to selection should be implemented forthwith."
(3.) After the said order was passed, the petitioner moved an application on 9th September, 97 cLalming the following reliefs :- "Under the circumstances, it is therefore, prayed that this Hon'ble Court may be pleased to pass appropriate orders directing the respondents to treat the respondent/applicant as regular Head Mistress of Sr. Basic Girls Junior High School Devai, District Bulandshahr and pay her service emoluments as such including the arrears w.e.f. 1.7.72 till upto now and direct the respondents not to hold further selection on the post. An in alternative, be pleased to direct the Zila Basic Shiksha Adhikari, Bulandshahr to pay to the respondent applicant all service amoluments as Head Mistress w.e.f. 1.7.72 till upto now and continue to pay the same every month till she hold the post of Head Mistress, including annual increments, pay revision etc." The said application was dismissed with the following observations:- "A perusal of the aforesaid prayer indicates that such relief cannot be granted by this Court after the writ petition was disposed of by order dated 17.7.1997, on the Basic of this to recall the order dated 17.7.1997. On the other hand, same relieves, which are being cLalmed in this application, can be cLalmed in writ petition. Such relief cannot be granted in this petition as no review of the order dated 9.9.1997 is sought for. The application fails and is accordingly dismissed." Now a fresh writ petition has been filed by the petitioner cLalming the following relieves:- "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents that the petitioner is entitled to the post of Regular Head Mistress in Senior Balika Vidyalaya, Dewai, District Bulandshahr w.e.f. 14.5.1979 or 29.5.1980 as the case may be, and also entitled to her amoluments as Head Mistress. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner as having been appointed regular Head Mistress of the Institution from the date on which the selection committee submitted its report. (iii) any other suitable, writ, order or direction which this Hon'ble Court deems just and proper in the circumstances of the case. (iv) allow the writ petition of the petitioner with cost throughout." I have heard Mr. Prakash Gupta, learned counsel for the petitioner at length.;