JUDGMENT

Rajendra Babu, J.-Whether the Respondent No. 1- Smt. Sugna Devi could be considered as a teacher employed by the Petitioner No. 1 - Basic Shiksha Parishad, Allahabad (UP) is the short question for consideration in this matter.

2. Respondent No. 1 maintained the case that she was appointed as an Assistant Teacher in Kanya Pathshala, Mallawan in district Gonda on 22/03/1966 by the then President of District Board Gonda. Subsequent she was transferred to Paraspur. Later she was transferred back to Mallawan. Consequent to her prolonged illness she took leave between July 1970 and 14/05/1971 and thereafter between July 1971 and 29/12/1971. When she returned on 30/12/1971 the Headmistress told her that she was terminated from services. But she was not served with any termination orders. She was told by the Headmistress to approach the Zila Parishad to seek for a transfer. Accordingly she placed representation before the Chairman, Zila Parishad for transferring her to another school. Several follow up reminders for this representation was sent. By the time vide UP Act No. 34/1927 the Basic Education was taken over by the Basic Shiksha Parishad from Zila Parishad. Thereafter Respond