This is in companysonance with the directions of their Lordships of the Supreme Court in the decision dated 8.5.86 passed in petition for Special Leave to Appeal Civil No.
4017/1985 and 5560/85 respectively.
5560 of 1985 passed by the District Inspector of Schools, Rae Bareli, stand quashed.
Subsequently, the Government issued an Ordinance on 24.6.1978 creating a reserve pool of teachers like the appellants.
During the interval between 9.1.1978 and 19.1.1978 on which date the remaining 2257 teachers also resumed the duties, some teachers like the appellants in the present case, were recruited.
Against the said decision, the present appeal is filed by the appellants who are the reserve pool teachers and were the opposite parties in the said writ petitions before the High Court.
4017 of 1985.
Pursuant to these letters ultimately, the Management companydescended to employ the appellant and addressed two letters to him on 23.7.85 and 21.8.85, but offering him a fresh employment which was inconsistent with the order of stay passed by the High Court.
869/1988 The facts in this case are different from those in the aforesaid appeal.
Let a writ of certiorari issue accordingly.
Against the said order, the said teachers as well as the Management preferred writ petitions in High Court being Writ Petition Nos.
Again, pursuant to the final order of the High Court on 27.3.1985, the District inspector of Schools addressed two more letters on 7.5.85 and 11.7.85 calling upon the management to offer employment to the appellant.
As indicated herein above, opposite parties, Mata Pher Pandey and Rajendra Kumar Trivedi, Opposite parties 4 and 5 in Writ Petition No.
It appears that by that date, all teachers except 2257 of them resumed their duties.
Both these writ petitions were disposed of by a companymon order dated 22.5.1987 which is impugned in the present case.
5560 of 1985 will be appointed by the District Inspector of Schools, Rae Bareli under the provisions of the U.P. Ordinance 22 of 1978 to substantive vacancies in the post of teachers iri recognised institutions which are required to be filled in the direct recruitment as and when such vacancy occurs provided they have been brought on the register of reserve pool teachers in accordance with law.
4077 of 1985 are hereby quashed as also the orders dated 25.9.85 annexure 12 , and 27.9.85 annexure 13 and 5.6.85 annexure 7 to the Writ Petition No.
The petitioners shall also be entitled to get their salary and to work on the posts which were held by them without any break at the time of the presentation of the writ petition.
2890 of 1980 which is on the record of Writ Petition No.
The Government issued a numberification under the U.P. Essential Services Maintenance Act, declaring the strike illegal and calling upon the striking teachers to resume their duties on or before 5.1.1978.
This offer of employment was number accepted by the appellant.
After the resumption of the services by all the teachers, the services of the teachers like the appellants were terminated.
4017 of 1985 who are opposite parties 2 and 3 in Writ Petition No.
It is, however, made clear that in case the aforesaid opposite parties, Mata Pher Pandey and Rajendra Kumar Trivedi, have actually worked and received their salary, they win number be called upon to refund the amount received by them.
Subsequently, the appellants writ petition was allowed by the High Court on 27.3.85 companyfirming his companytinuation in service and the interim order passed on 26.7.79.
It is only the employment of those who were companyfirmed, which was protected, according to him.
Against the said decision, the teachers in the reserve pool preferred various appeals as well as writ petitions in this Court which were decided by this Court by a companymon judgment delivered on 27.7.1984 in Prabodh Verma and Ors.
It appears that pursuant to the interim order of stay granted by the High Court on 26.7.79, the District Inspector of Schools also wrote a letter on 27.8.1981 to the Management requiring it to abide by the order of stay.
By the impugned order, the High Court has given the following directions In the result, the two writ petitions succeed and are allowed and the orders of the District Inspector of Schools dated 5.6.85 and 11.7.85 annexures 10 and 11 respectively in Writ Petition No.
Civil Appeal No.
The teachers in the High School and Intermediate College in the State of U.P. went on strike from 22nd December, 1977.
This letter was number given effect to.
Against this numberification, the striking teachers approached the High Court by a writ petition an the High Court extended the time for resumption of duties to 9.1.1978.
