Heard Sri Somesh Tripathi learned counsel for the petitioner and Sri B.S. Tripathi Additional Chief Standing Counsel for the opposite party no. 1.
The petitioner's services were terminated vide order dated 22.11.1984 which is annexed as Annexure no. 7 to this writ petition. This order was passed by the Principal, Dwarika Mohini Vidya Mandir, Balika Higher Secondary School, Ganga Ghat, Unnao. A writ petition was filed and an interim order was passed by the Bench of this court on 29.11.1984.
Since the petitioner has argued at length but the main contention of the petitioner counsel is that as the Principal had passed the order of termination on the oral direction of the Regional Inspectress of Girls School, hence it was necessary that the version of the RIGS be obtained so that the petitioner may be able to know as to on what account the petitioner's services weredispensed with. Feeling this necessity the court had directed the State to file a counter affidavit at the very outset. It is very strange and unfortunate that no counter affidavit has been filed till date. The petitioner is getting salary and has been given all the benefits of service and he is continuing on the strength of an interim order dated 29.11.1984.
Since the very reason for which the petitioner's services are terminated are still not known because no counter affidavit has been filed, hence, the court feels that petitioner is handicap in defending himself against the reasons for which his services have been terminated. This court is of the view that the equity and the law both are in favour of the petitioner.
Since there is no counter affidavit and the version of the opposite party is not in the know of the court and much water has flown from 1984. The petitioner has worked during this period and is getting salary. In the interest of justice, equity and law the court feels that the petition deserves to be allowed.
Accordingly, the writ petition is allowed in terms of the interim order.
Order Date :- 11.1.2010 Om.