H.L.GOKHALE, J. - (1.) HEARD Dr. Y.K. Srivastava in support of this Appeal. Mr. S.D. Kautilya appears for the first respondent who is the main contesting respondent. The second respondent is the Committee of Management of Higher Secondary School situated in Mahrauda, Allahabad.
(2.) THE Appeal has been filed against the judgment and order dated 29th August, 2000 passed by the learned Single Judge whereby Writ Petition No.25589 of 1998 filed by contesting respondent was allowed. The short facts leading this Appeal are likewise. Respondent no.1 Ram Murti Shukla joined the Junior Section of the Tyagi Madhyamik Vidyalaya situated in Mahrauda in Allahabad in the year 1972. On 18th May, 1976, his services were terminated by the Committee of Management. The Committee of Management was required to obtain the approval of the said termination order from the District Basic Education Officer. The District Basic Education Officer did not approve the termination and directed the Committee of Management to reinstate the respondent Ram Murti Shukla by the order 4th December, 1981. The Committee of Management made a representation against that order to the State Government. This representation was treated as an Appeal which was dismissed on 31st August, 1984.
(3.) THE Committee of Management then filed Writ Petition No.12657 of 1984 to challenge both these orders. This petition was allowed in part by the learned Single Judge by the order dated 7th October, 1994 and a direction was issued that Ram Murti Shukla should be reinstated within one month and salary be paid on joining the School. Thus, though Ram Murti Shukla had claimed salary from the date of termination of his service, the learned Single Judge did not grant that claim and ordered that he will be entitled to claim salary when he joined the School.;