SHASHI MISHRA Vs. UNION OF INDIA AND ORS.
LAWS(RAJ)-2015-5-68
HIGH COURT OF RAJASTHAN
Decided on May 18,2015

Shashi Mishra Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties.
(2.) BY way of the instant writ petition, the petitioner has approached this Court praying for the following relief: - - "(A) That the respondents may kindly be directed to absorb the petitioner in service with retrospective effect. (B) That the respondents may kindly be directed to pay entire back wages and other consequential benefits to the petitioner. (C) That the respondents may kindly be directed to give all retiremental benefit as the petitioner has attained the age of superannuation. (D) Any other relief which this Hon'ble Court may deem fit may kindly be granted in favour of the petitioner; (E) Cost of the writ petition may kindly be awarded to the petitioner."
(3.) FACTS in brief are that the petitioner was appointed as a Trained Graduate Teacher in the Rajasthan Atomic Power Project English Medium School, Rawatbhata (referred to herein after as 'RAPP School') being run and operated by Atomic Energy Education Society (referred to herein after as 'AEES'). In the year 1981, the authorities took a decision to close the RAPP school. Numerous teachers of the school including the petitioner preferred writ petitions before the Hon'ble Supreme Court under Article 32 of the Constitution of India against the above decision. The Hon'ble Supreme Court stayed the order of closure of the school in the year 1981. The respondents filed an undertaking dated 27.7.1984 (Annex.2) before the Hon'ble Supreme Court setting out certain proposals for all teachers of the RAPP school including those who had approached the Hon'ble Supreme Court. Proposal No. 3 of the letter Annex.2 has a material bearing on the fate of the instant writ petition and is thus, reproduced herein below for the sake of ready reference: - - "(3) The Government of India in the Department of Atomic Energy will use their good offices with the Atomic Energy Education Society which is substantially financed by the Government, to help find appropriate employment to the petitioners and other teachers of the RAPP Higher Secondary School (English Medium) and protection of their existing designation, grade, pay and allowances." ;


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