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2012 Supreme(All) 416

[2012(2) ADJ 693 (LB)]
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVENDRA KUMAR ARORA, J.
SUNIL DUTT AND OTHERS ….Petitioners
Versus
STATE OF U.P. AND OTHERS ….Respondents
(Writ Petition Nos. 1178,1599, 2165, 969, 1037, 1036, 967, 1064, 1146, 1049, 1055, 951, 950, 1001, 992, 1133, 1869, 1564, 1087, 1079, 1134, 1263, 1372, 1440, 1238, 1245, 1620, 1514, 881, 1024, 1219, 1092, 1091, 1136, 1190, 1108, 1101, 1100, 1078, 1099, 1077, 1189, 958, 1130, 1109, 898, 1864, 2068, 1258, 1259, 1527, 2163, 2164, 1140, 1121 (S/S) of 2011, decided on 9th February, 2012)

Advocates Appeared:
H.G.S. Parihar for the Petitioners; C.S.C., A.M.Tripathi, D.R. Mishra and H.G.S. Parihar for the Respondents.

Headnote:(A) Appointment—Cancellation of—Block Resource Co-ordinator—Payment of salary—Entitlement of—Taking over of charge of the post of Block Resource Co-ordinator by the Ex-Officio Block Resource Co-ordinator i.e. Assistant Basic Education Officer in view of order passed by the Project Director U.P. Education for all Project Council Lucknow in compliance of G.O. dated 2.2.2011—Petitioners selected under comprehensive and exhaustive procedure for direct recruitment for a period of two years in the pay-scale of Head-master of Junior High School—But not appointed on deputation basis—Since in the Government Order dated 2.2.2011, there was no direction the BRC Co-ordinator, who have been selected and appointed and their term has yet been expired, be replaced by posting of Assistant Basic Education Officer as Ex-officio BRC Co-ordinator—Hence, impugned order making provision for taking over charge of the post of Ex Officio Block Resource Co-ordinator liable to be quashed—Petitioner entitled to payment of salary of post of Head-master of Junior High School. [Paras 25, 33, 44, 45, 46 and 47]

       (B) Government Orders—Applicability of Government Order is prospective in nature unless it is expressly or by implication made to have retrospective effect. [Para 41]

       

JUDGMENT

Hon’ble Devendra Kumar Arora, J.—Since facts and legal issues involved in the instant writ petitions are common, the same are being heard together and decided by a common judgment & order. The Writ Petition No. 1178 (SS) of 2011 is taken up as leading case.

2. Present writ petition has been filed for quashing of the impugned order dated 10.2.2011(Annexure 1), passed by opposite party No. 3, so far as it makes provision for taking over the charge of the post of Block Resource Co-ordinator by the Ex-officio Block Resource Co-ordinator i.e. Asst. Basic Education Officer of the concerned block as well as Government Order dated 2.2.2011 (Annexure 2), so far as it makes provision for posting of District Basic Education Officer as Ex-officio Block Resource Co-ordinator and further directions have been sought for restraining the opposite parties from interfering in the functioning of the petitioners on the post of B.R.C. Co-ordinators in any manner.

3. Sri H.G.S. Parihar, Sri R.K. Chaudhary and Sri R.C. Tiwari alongwith other counsel for the petitioners, at the very outset, submitted that they are not challenging the policy decision of the State Government taken vide Government Order dated 2.2.2011 as the policy decision of the State Government does not speak anything about the present working incumbents, who have been appointed for the term of two years after due selection. It is further submitted that the petitioners are basically aggrieved with the Circular dated 10.2.2011, issued by the Project Director, U.P. Education for all Project Council, Lucknow (opposite party No. 3) in pursuance to the policy decision of the State Government dated 2.2.2011, who on its own issued directives for replacing the petitioners and other working BRC Co-ordinators by posting of Assistant Basic Education Officer as Ex-officio BRC Co-ordinators and also directed for relieving of the BRC Co-ordinators even before the expiry of their term. In some of the petitions the grievance with respect to non-payment of salary assigned to the post of BRC Co-ordinators i.e. the pay scale equivalent to the post of Head-master of Junior High School have also been raised, which has been provided in the Government Order dated 1.9.2001 and as well as in the advertisement dated 12.12.2009 published by the District Basic Education Officer, Bulandshahr in daily Newspaper “Amar Ujala” (Annexure-SA-1 to the supplementary affidavit dated 2.3.2011).

4. The further submission of learned counsel for the petitioners is that the ‘education for all’ scheme was launched by the State Government in the year 1995-96 in ten districts of the State vide Government Order dated 2.6.1995 and the same was to continue till 2000 and thereafter all the posts were to come under the Basic Education Officer. The State Government by means of Government Order dated 1.9.2001 prescribed the complete procedure for recruitment/ appointment of Block Resource Centre (BRC) Co-ordinators and Nyay Panchayat Resource Centre (NPRC) Co-ordinators. Para-1Ka of the Government Order prescribes the qualification and the pay scale for the post of BRC Co-ordinators and as per the same, the post of BRC is in the pay scale of Head-master of Junior High School. The Head-master of Primary School, or Assistant Teacher of Junior High School or NPRC Co-ordinators having two years experience and whose service tenure is not less than 10 years would be eligible. The rest of the paras provide with respect to advertisement in two Newspapers, constitution of Selection Committee and the method of selection, which includes written examination and interview and the appointment made under the scheme would be treated an addition to basic cadre of District Basic Education Board, as the posts have been separately created. The provisions for evaluating the performance prescribing, reporting, reviewing and accepting authority have also provided. It has been specifically provided that the selection procedure prescribed under the Gov





































































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