ARUN TANDON,J. - (1.) PETITIONER before this Court was admitted to BTC Training Course between 2001-2002. Even prior to her completing the BTC training, she is stated to have made an application for being considered for appointment on the post of Headmistress of a recognized Junior High School namely Avanti Bai Kanya Junior High School, Yakubpur, District Aurraiya which was unaided at the relevant time (herein after referred to as Junior High School). The petitioner was selected for the post of Headmistress of the recognized Junior High School in the month of May, 2002 and such selection was also approved by the Basic Shiksha Adhikari vide order dated 16.05.2002. Both the aforesaid facts have taken place even prior to the petitioner having completed her BTC training and even prior to her being qualified for the post of Headmistress. Pursuant to the order of the Basic Shiksha Adhikari she joined the institution (Junior High School) in July 2002. She applied for leave between 20.01.2003 to 19.09.2006 i.e. for 3 years and 8 months at the first instance and thereafter between 21.03.2007 to 08.09.2008 i.e. nearly 1 year and 6 months. During this period of her working as Headmistress in Junior High School, the petitioner is stated to have applied for being appointed as Assistant Teacher in an institution established by the U.P. Basic Shiksha Parishad (herein after referred to as Parishadiya Vidyalaya). She was selected and offered appointment as Assistant Teacher in Parishadiya Vidyalaya on 20.01.2003. She joined the Parishadiya Vidyalaya on same day and continued to work and draw salary from State exchequer since then. A leave application for the period between 20.09.2006 to 20.03.2007 was made by the petitioner in the said Parishadiya Vidyalaya which is stated to be granted. Ultimately she resigned from the Parishadiya Vidyalaya on 08.09.2008. Her resignation is stated to have been accepted by the Basic Shiksha Adhikari on 26.12.2008 and on the same day the Basic Shiksha Adhikari is stated to have attested her signatures as Headmistress of the Junior High School.
(2.) IN order to keep the record straight, it may be noticed that under an order of the State Government dated 02.12.2006, Avanti Bai Kanya Junior High School was taken on the grant-in-aid list of the State Government and under order of the Assistant Director (Basic) dated 23.03.2007 salary to the teachers mentioned was directed to be paid w.e.f. 02.12.2006 from State exchequer. The list included the name of the petitioner as Headmistress of the institution (Avanti Bai Kanya Junior High School). On 26.05.2009 a First Information Report was lodged against the petitioner for misleading the authorities in the matter of her appointment and continuance in Parishadiya Vidyalaya while being employed in a Junior High School at the same time. The petitioner challenged the F.I.R. by means of Criminal Misc. Writ Petition No. 10335 of 2009 and the Division Bench of this Court was pleased to direct that the petitioner be not arrested at the stage of investigation in view of the judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh vs. State of U.P. and others. It is stated that in pursuance to the aforesaid order, the petitioner has not been arrested.
(3.) THE petitioner has filed Civil Misc. Writ Petition No. 32001 of 2009 claiming following relief : "A writ, order or direction of suitable nature commanding the respondents not to interfere in the functioning of the petitioner as the Headmistress of Avanti Bai Kanya Junior High School, Yakubpur, District Auraiya and to pay her regular monthly salary on the said post from government grant. A writ, order or direction of suitable nature commanding the respondents to disburse to the petitioner the arrears of her salary from government grant for the period 20.02.2006 to 20.03.2007 and from 08.09.2008 till date within a period to be specified by this Hon'ble Court." ;