VIVEK AGARWAL,J. - (1.)Petitioners had filed this writ petition but during the pendency of the writ petition, Petitioner No. 1 passed away and therefore amendment was carried out in terms of the order dated 09.04.2018 deleting the name of petitioner No. 1. Thus, this petition is being considered for only one petitioner namely Sayed Nazat Ali.
(2.)It is the case of the petitioner that the petitioner was in the employment of the private respondent No. 4, which is an aided non governmental school run by the society and it was closed down but services of the petitioner have not been absorbed into another aided institution as per the provisions of the rules and the law laid down by this court in similarly situated other case like one in the matter of Smt. Sindhu Gaikwad v. Rahul Shiksha Parishad and others (W.P. No. 56/1996) decided on 03.11.1999 . It is petitioner's contention that once society had closed down the school, the petitioner is liable to be absorbed in another government school.
(3.)Petitioner's counsel submits that in fact in the year 1999, the grant-in-aid to the respondent No. 4 society was stopped by the State Government and therefore W.P.No.1853/1999 was filed assailing the said action of the State Government. This writ petition was disposed of vide order dated 05.08.2002 with direction to the respondent-State to release grant-in-aid in favour of respondent No. 4 society in accordance with law but in the meanwhile on 30.06.2001, respondent No. 4 Society issued a letter to the petitioners inter alia informing that due to non release of the grant-in-aid by the State Government, it has become difficult to run the school and accordingly the same is being closed down from July 2001, resulting in termination of the services of the petitioner.