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2007 Supreme(All) 1468

[2007(5) ADJ 292]
ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN, J.
Kum. KANIZ BEGUM ——Petitioner
Versus
DISTRICT BASIC SHIKSHA ADHIKARI, KANPUR NAGAR, KANPUR AND OTHERS —Respondents
(Civil Misc. Writ Petition No. 31808 of 1990, decided on 11th May, 2007)

Advocates appeared:
M.A. Qadeer for the Petitioner; K.S. Shukla and S.C. for the Respondents.

Headnote:Appointment—Assistant Teacher in Urdu—Petitioner functioning as Assistant Teacher Urdu in Primary School—Claim benefit of Government order dated 15.10.1984—Government Order providing that Assistant teachers working in the primary schools who were appointed under Half Million Job Scheme, were entitled to be absorbed on new created posts of Senior Basic Schools/Junior High Schools—Petitioner could not be denied the benefit of such G.O.—Respondents directed to consider the claim of petitioner and pass necessary order. [Paras 10 and 11]

       

JUDGMENT

Honble Ashok Bhushan, J.—Heard Sri M. A. Qadeer, learned Counsel for the petitioner. Learned Standing Counsel has appeared for respondent No. 4. The statement has been made by Smt. Puspa Singh holding brief of Sri K. S. Shukla Counsel appearing for the respondent No. 1 that Sri Shukla has no further instructions to appear on behalf of the respondent No. 1.

2. By this writ petition the petitioner has prayed for certiorari quashing the order dated 17.11.1990 passed by the respondent No. 1. An amendment has also been sought commanding the respondents not to interfere in the functioning of the petitioner as Assistant Teacher Urdu in Junior High School Sadar Bazar, Kanpur Nagar, Kanpur. By an amendment the petitioner has been permitted to add the following three reliefs in the writ petition :

"(e) to issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner as Assistant Teacher, Junior High School w.e.f. 25.3.1975 and to pay balance of her salary in said grade revised from time to time.

(f) to issue a writ, order or direction in the nature of mandamus commanding the respondents to regularise the petitioner as Assistant Teacher in Junior High School Grade and to give her all consequential benefits w.e.f. 22.3.1985 from which date all other teachers have been given.

(g) to issue a writ, order or direction in the nature of mandamus commanding the respondents to give the charge of Head Mistress of Kanya Junior High School, Sadar Bazar, Kanpur.

3. Brief facts of the case necessary for deciding the writ petition are :

The petitioner was appointed as Assistant Teacher Urdu in Junior Basic School, Chakeri, Nagar Maha Palika, Kanpur by order of the Basic Shiksha Adhikari dated 9.1.1974. By order dated 22.3.1976 the petitioner was transferred to Junior Basic School, Sadar Bazar, Kanpur Nagar, Kanpur. The order further provided that the petitioner be paid salary of primary teacher. Petitioner joined as Assistant Teacher in Junior Girls School, Sadar Bazar on 25.3.1975. The petitioner was confirmed by order dated 4.4.1981 on the post of Assistant Teacher Urdu. During service the petitioner was sent for B.T.C. training in 1977. Petitioner also passed Intermediate with Urdu in the year 1976-1977. The State Government issued a Government order dated 15.10.1984 creating 5000 posts of Assistant Teacher Urdu in Senior Basic School/Junior High School run by the U.P. Basic Education Board. The Government order noticed that Assistant Teacher in Urdu are appointed in Half a Million Job Scheme in Senior Basic School. It was decided that those teachers be given appointment against newly created posts provided they have passed Intermediate Examination with Urdu and are trained. The Government order contemplated that it be ensured that in the urban and rural areas of Senior Basic Schools not more than one teacher be appointed in pursuance of the Government order dated 15.10.1984. The Director of Education issued a letter to the Chairman Basic Shiksha Parishad dated 20.10.1984/13.11.1984 provided for methodology for making appointment on newly created 5000 posts of Assistant Teacher Urdu. The order noted that earlier in Half a Million Job Scheme on 1027 posts the Urdu teachers were appointed in the pay scale of primary teachers, thus the teachers be given appointment as Assistant Teacher in Senior Basic School. It was further provided that thereafter after deducting the post equivalent to working Assistant Teacher on the rest of the post appointment be made in accordance with the U.P. Basic Education Teachers Service Rules, 1981. The Basic Education Officer passed an order on 24.1.1985 appointing/absolving certain teachers in Junior Basic Schools in the pay scale of Rs. 450/- - Rs. 720/-. Petitioner by an order dated 5.12.1985 passed by the Education Superintendent, was attached with Primary Pathshala, Benajhawar, Kanpur. Petitioner submitted representation for giving herself the benefit of the Gov




















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