Court No. - 7
Case :- WRIT - A No. - 9409 of 2018 Petitioner :- Smt. Ram Janaki Shukla And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Mohan Singh Counsel for Respondent :- C.S.C.,Anil Kumar Singh Baghel
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Man Mohan Singh, learned counsel for the petitioners, Sri Arvind Kumar Singh, learned Additional Chief Standing Counsel for respondent Nos.1 and 4 and Sri Anil Kumar Singh Baghel, learned counsel for respondent Nos.2 and 3.
This writ petition has been filed praying for the following relief:
"(A) Issue, a writ, order or direction in the nature of certiorari, calling the record of the case, quashing the impugned advertisement dated 16.03.2018 made by the respondent No.2 in the daily newspaper "Spastha Aawaj" (Annexure No.6) for the appointment on the post of principal and assistant teacher in the institution namely Virangna Avanti Bai Zila Panchayat Balika Inter College, Pilibhit.
(B) Issue, a writ, order or direction in the nature of mandamus, directing the respondents to not interfere in the peaceful functioning of the petitioner No.1 and petitioner No.2 as principal and assistant teacher respectively, in the institution and pay regular salary to them month to month when its becomes due.
(C) Issue, any such other and further orders as this Hon'ble Court may deem fit and proper under the circumstances of the case.
(D) Award the cost of the writ petition throughout in favour of the petitioner."
By the impugned advertisement dated 16.03.2018, applications have been invited for the academic session 2018-19 for engagement on honorarium basis of certain part time contract teachers and a principal.
Grievance of the petitioners is that in terms of the Government Order dated 10.08.2001 regulating the services of teachers in Vitt Vihin Recognised Colleges under the U.P. Intermediate Education Act, 1921, the engagement of the petitioners cannot be disturbed and they shall continue as part time teachers unless their services are terminated in terms of clause-8 and 9 of the Government Order dated 10.08.2001.
Learned Additional Chief Standing Counsel submits that as per instructions received from the respondent No.4, the advertisement issued were in terms of the aforesaid Government Order dated 10.08.2001.
Learned counsel for the respondent Nos.2 and 3 has made a statement before this court that by the impugned order, the services of the petitioners as part time teachers are not being affected. They shall continue as part time teachers as per their engagement earlier made. No action has been taken against them under clauses-8 and 9 of the Government Order dated 10.08.2001. He clarified that the petitioners shall have a right to continue only on the post for which they were engaged on part time basis in terms of the Government Order dated 10.08.2001.
In view of the statement given by learned counsel for the respondent Nos.2 and 3 and the clarification as recorded above, no cause of action survives in this writ petition. The petitioners shall continue on the post of teachers for which they were engaged on part time basis in terms of the Government Order dated 10.08.2001, if there is no legal impediment.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 24.4.2018 NLY