Hon’ble Sunil Hali, J.—All the aforesaid writ petitions relate to common question of fact and law hence they are being decided by a common order.

2. In order to appreciate the controversy involved in all these writ petition, the facts as culled out are that Public Higher Secondary School, Amthari Nighuri, Post Sant Kabir Nagar (hereinafter referred as the Institution) was initially established as a Junior High School in the year 1977 with temporary recognition as a Junior High School. It was granted permanent recognition as a Junior High School in the year 1980 and High School in the year 1983. It was not receiving grant in aid till 1.4.1996. It is only w.e.f. 1.4.1996 that it was brought on the grant in aid and within the purview of U.P. Act No. 24 of 1971. At the time of its initial creation there did not exist any statutory rules governing the recruitment and appointment in the said Junior High School. Rules were framed for the first time as U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules 1978 promulgated by the notification dated 13.2.1978.

3. Petitioners are alleged to have been appointed on teaching and non-teaching posts in the Institution to which approval was granted to the appointment of petitioners by the Basic Shiksha Adhikari by an order dated 28.8.1981. They are alleged to have been appointed against the duly sanctioned post. Ever since their appointment petitioners are continuously working and discharging their duties. It seems that Deputy Director of Education, VIIth Region proceeded to sanction teaching post for the Institution as a consequent thereto the Deputy Inspector of Schools (DIOS) vide his order dated 19.2.1991 accorded approval to the members of the teaching and non-teaching staffs against such sanctioned posts. After the Institution was brought on the grant in aid, Regional Joint Director of Education VIIth Region, Gorakhpur vide his order dated 27.3.1997 accorded sanction to the members of the staff for receiving salary from Government grant in accordance with the provisions of UP Act No. 24 of 1971.

4. In pursuance to the order dated 27.3.1997, regular salary was given to the petitioners from the Government grant. They continued to receive salary till January 2006. Salary of all the members working in the Institution was withheld from February 2006, however, same was released on 18.11.2006. Salary of the petitioners, however, was not released on 18.11.2006. It seems that some doubts were raised regarding the appointment of the petitioners as a consequence of which procedure under Section 16 E(10) of the Intermediate Education Act were initiated seeking termination of the petitioner. It is in the light of this a notice was issued to the petitioners. Petitioners in reply to the said show-cause submitted that they have not received any notice dated 20.9.2003. It is further stated by the petitioners that they were appointed in the Institution at that point of time when there were no recruitment rules governing services of the petitioners. It was only after the permanent recognition was granted rules became applicable to the Institution.

5. On a petition filed by the Management before this Court bearing Civil Misc Writ Petition No. 6583 of 2007 a direction was issued to the Director of Education to finalise the proceedings pending under Section 16 E (10) of the U.P. Intermediate Education Act. In pursuance to the direction issued notice was issued by the Addl. Director of Education (Secondary) to the petitioners and other persons for hearing on 11.5.2007 in the office of Director of Education, UP Lucknow. Petitioners presented themselves before the Director on the said date but no hearing was undertaken. Proceedings were conducted by Smt. Anarpati Verma, the Deputy Director of Education, (Vocational Studies). Thereafter, no date was communicated to the petitioners. What followed thereafter was an order dated 16.7.2007 passed by Dire