Hon’ble Chandra Dhari Singh, J.—The instant appeal emanates for the judgment and order dated 16.3.2018 passed by learned single Judge in Writ - A No. 10647 of 2012 (Ramendra Kumar v. State of U.P. and others), whereby the aforesaid writ petition was dismissed. The writ petition was filed against the order dated 25.1.2012 passed by the District Inspector of Schools, Saharanpur.

Brief facts of the case

2. The appellant was initially appointed as an Assistant Teacher in L.T. Grade on 30.6.1989 on ad hoc basis against the substantive vacancy after following the procedure prescribed under Uttar Pradesh Intermediate Education Act, 1921. He joined the institution Yamuna Khadar Inter College, Kamboh Marza, District Saharanpur (hereinafter referred to as ‘institution’) as an Assistant Teacher in L.T. Grade on 1.7.1989. The approval to the appointment of appellant as L.T. Grade Teacher was accorded by the District Inspector of Schools, Saharanpur (hereinafter referred to as ‘DIOS’) vide his order dated 7.7.1989. The service of appellant as Assistant Teacher in L.T. Grade in the institution was regularized by regional committee vide order dated 30.7.2002. The appellant tendered resignation letter dated 15.12.2010 addressed to the Manager, Committee of Management of the institution and requested therein to accept his resignation forthwith. The said resignation letter dated 15.12.2010 was accepted by the Committee of Management of the institution in its meeting dated 24.12.2010. A copy of the resolution of the Committee of Management of the institution dated 24.12.2010 was forwarded to the DIOS, Saharanpur for granting approval.

3. One Rajneesh Chauhan, Secretary, U.P. Secondary Education, Teachers’ Association, herein submitted a representation dated 13.1.2011 on behalf of appellant before the Commissioner, Saharanpur Division, Saharanpur, stating therein that by way of conspiracy, a forged and fabricated resignation letter of the appellant had been prepared by the principal of the institution and same has been accepted by the Committee of Management of the institution. It is specifically stated in the representation that during that period appellant was on medical leave and he never submitted/tendered any resignation letter dated 15.12.2010 and the same was false and fabricated. The Secretary of Madhyamic Shiksha Sangh submitted aforesaid representation dated 13.1.2011 before the Commissioner, Saharanpur Region, Saharanpur for redressal of grievance of the appellant and the Commissioner, Saharanpur Region, passed an order dated 13.1.2011, directing the DIOS, Saharanpur to lodge an FIR against the principal and Manager of the Committee of Management of the institution, in case the aforesaid resignation letter dated 15.12.2010 is found to be forged and fabricated. The appellant submitted a representation in the form of an affidavit dated 14.1.2011 stating therein all facts as stated above before the DIOS.

4. District Inspector of Schools, Saharanpur passed an order dated 27.4.2011, directing the appellant to file representation before Committee of Management of the institution and same may be decided by the Committee of Management within a period of fifteen days. Instead of filing representation before the Committee of Management as per direction dated 27.4.2011, the appellant filed an appeal against the order dated 27.4.2011 passed by DIOS, Saharanpur before the Joint Director of Education, Saharanpur Region, Saharanpur. The Joint Director of Education, Saharanpur Region, Saharanpur vide order dated 28.6.2011, directed to the DIOS, Saharanpur to take appropriate decision within a period of one week. Subsequently, the appellant also filed Civil Misc. Writ Petition No. 56207 of 2011 before this Court challenging the order dated 27.4.2011 passed by DIOS, Saharanpur. The learned single Judge of this Court vide order dated 30.9.2011 passed the following order/s :

“Thus the situation which emerges from the aforementioned facts is that t