Court No. - 2
Case :- WRIT - A No. - 2514 of 2016 Petitioner :- Smt. Usha Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Salil Kumar Rai,Ashutosh Diljun,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, Sri Awadhsh Kumar, learned counsel has put in appearance for the second and third respondents and learned Standing Counsel for the State- respondents and perused the record.
Petitioner is an Assistant Teacher in Basic School run by the Board of Basic Education, U.P.. By the instant writ petition petitioner is assailing the order dated 15.12.2015 passed by District Basic Education Officer, Basti, whereby, services of the petitioner came to be terminated.
The learned counsel for the parties, including, the learned Standing Counsel submits that the issue involved in the instant writ petition stands concluded by the judgment rendered in Smt. Nirmala Singh and 4 others vs. State of U.P. and 5 others [Writ-A No. 334 of 2016] decided on 5 July 2016. Operative portion of the order reads thus:
"In my view, once the order of this Court has been complied with and approval has been accorded, the issue in regard to validity of appointment of the petitioners, stands finalized and the same cannot be reopened again after more than 15 years.
The petitioners as noted above have been promoted also and they are continuously working. Their earlier writ petition wherein interim order was passed, is still continuing. Thus, on this additional ground also, the impugned order stands vitiated and action of the respondents is contrary to the interim order. The proper course open to the respondents was to get the interim order in connected Writ Petition No. 16253 of 2000, vacated. The act of the respondents appears to be contemptuous as they have issued show cause notice in teeth of the interim order dated 18.4.2000.
After careful consideration of the matter, I am of the view that for the aforesaid reasons, the impugned order is not sustainable in the eyes of law. Accordingly, the orders dated 15.12.2015 passed by the Basic Shiksha Adhikari, Basti appended as annexure no. 17A, 17B,17C, 17D & 17E to the writ petition are quashed. The petitioners are allowed to continue and shall be entitled for all consequential benefits.
In the result, both the petitions stand allowed. No order as to costs. "
In view thereof, the impugned order dated 15 December 2015 passed by the third respondent, District Basic Education Officer, Basti, is set aside and quashed. The writ petition stands allowed in terms of the judgment and order rendered in Smt. Nirmala Singh (supra).
No cost.
Order Date :- 26.8.2019 S.Prakash