JUDGEMENT
Rakesh Sharma, J. -
(1.) HEARD counsel for the parties and perused the record. The Management of Bal Niketan Balika Junior High School, Jajmau Colony, Kanpur Nagar had engaged the petitioner as Maharajin/cook/sevika in the Institution on 30.11.1993. This appointment was approved by the Basic Shiksha Adhikari, Kanpur Nagar. She was allowed to work in the institution and was being paid salary. As per learned counsel for the petitioner, there were 846 students in the institution. The petitioner was appointed in place of one Jhinkana Devi who had retired on 29.2.92. Her appointment was regularised in May, 1994 after obtaining written approval of then B.S.A. Suddenly vide order dated 22.11.1995, the District Basic Education Officer had cancelled the appointment and had gone to the extent that whatever payment of salary was made to the petitioner, a petty servant should be recovered from her estate. Indulgence was sought by this Court by filing the present writ petition which was admitted on 13.5.99. The operation of the order dated 22.11.1995 was stayed by this Court by the order dated 13.5.99 and according to the learned counsel for the petitioner she is still continuing by virtue of the interim order. A perusal of the interim order reveals that no opportunity of hearing was afforded before issuing the order of cancellation. She was appointed against a clear, permanent vacancy and after obtaining the approval of then Basic Shiksha Adhikari in the year 1994. The approval was granted by the Basic Shiksha Adhikari and a government servant have continued for a sufficiently long period, her appointment could not be suddenly cancelled without affording any opportunity of hearing in violation of the principles of natural justice. Accordingly, the order appears to be ex-facie punitive and it has resulted in removal and dismissal of the petitioner and recovering salary from a petty employee of a Junior High School and that too after rendering services in the college appears to be too harsh and is not sustainable. Accordingly, the order dated 22.11.1995 is quashed. The petitioner is already in service. Consequences shall follow. The writ petition is allowed.;
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