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Allahabad High Court · body

1982 DIGILAW 189 (ALL)

Paras Nath Singh v. Committee of Management, Rashtriya Uchchtar Madhyamic Vidyalaya, Mahrev Pureon, Jaunpur

1982-02-08

B.N.SAPRU, S.D.AGRWALA

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JUDGMENT B.N. Sapru, J. - The petitioner was appointed a Librarian (Assistant Clerk), in the Urhchtar Madbyamlc Vidyalaya, Mahrev, Pureon, district Jaunpur, on 25th July, 197L, on probation for one year. He joined service the next day. The petitioner was confirmed in the post he was holding by an order dated 25th December, 1973, by the Managing Committee of the college. The petitioners name was also included in Provident Fund Scheme vide District Inspector of Schools letter no. 74-75 dated 25th May, 1974. The petitioner was not paid his salary. He, consequently, wrote to the Principal for payment of salary. The Manager by his letter dated 12th July, 1975 informed the petitioner that the District Inspector of Schools had by oral order directed that the petitioners service were surplus and, in the circumstances. the petitioners service were not required by the college and the service of the petitioner stood terminated from 1st August, 1975. The petitioner is aggrieved by the order of the respondents. 2. No counter-affidavit has been filed. 3. The petitioner was permanent employee. The termination of a permanent employee is governed by Regulation 26 (1) of Chapter will of the Regulations framed under the U.P. Intermediate Education Act. Regulation 26 contemplates that the service of a permanent ex-employee may be terminated by giving him three months notice or three months pay in lieu thereof, on the ground of abolition of the post which the employee is holding. It is further provided that the abolition may be due to the following reasons : - (a) Retrenchment, decided upon for reasons of financial stringency. (b) Abolition of a subject. (c) Abolition of Section or class. 4. In this case, the Manager does not say that the post of the petitioner has been abolished. Therefore, Regulation 26 cannot apply. Further, Regulation 26 requires that when there is abolition of the post hold by a person, he should be given three months notice or three months pay in lieu thereof. This has also not been done. The District Inspector of Schools cannot give oral directions to the Principal that a permanent post should be abolished. 5. In the circumstances, the writ petition is allowed. The impugned order of the manager dated 12th July, 1975, (Annexure 5 to the writ petition) is quashed. He shall continue in service unless his services are terminated in accordance with law. The District Inspector of Schools cannot give oral directions to the Principal that a permanent post should be abolished. 5. In the circumstances, the writ petition is allowed. The impugned order of the manager dated 12th July, 1975, (Annexure 5 to the writ petition) is quashed. He shall continue in service unless his services are terminated in accordance with law. There will be no order as to costs.