It appears the father of respondent No.1, who was the manager of the said school on the relevant date, sought for leave from the President of the Managing Committee of the said school stating Respectfully it is submitted that there appears to be unavoidable pain in the knee of the applicant due to which he is facing a lot of difficulty in moving.
Inter alia on the premise that despite such appointment Respondent No.1 was number paid his salary, he filed a writ petition before the Allahabad High Court which was marked as Writ Petition NO.24957/1999.
The post of Headmaster inter alia fell vacant in Janta Adarsh Madhyamic Vidyalaya, Newada Khurd, Kalan, Etawa.
He handed over charge to one Om Narain Tripathi on 21st August, 1998.
Recruitment to the post of Headmaster companycededly is governed by the statutory rules framed under Uttar Pradesh Recognised Basic Schools Junior High Schools Recruitment and Conditions of Services of Teachers Rules, 1978.
The manager by a letter dated 18.8.1998 asked for approval thereof from the District Education Officer, Itawah.
An advertisement therefor was issued by the manager of the said school.
It also stands unrebutted that Anand Kand Shukla went on leave at the relevant point of time on the ground that he was having pain in the knee.
By an order dated 16.6.1999 the High Court directed the appellant to companytinue the respondent No.1 on the said post as also pay his due salary.
In purported response to the said advertisement the respondent No.1 filed an application before the manager of the school praying for his appointment.
Respondent No.1 was appointed as a Headmaster in a recognised school.
For the reasons best known to the authorities of the appellant, however, numbercounter affidavit was filed in the writ petition.
The said writ petition was, therefore, allowed.
Respondent No.1 thereafter was recommended for appointment by the Selection Committee and was appointed in terms thereof on adhoc basis.
A special appeal was filed thereagainst and the said interim order was vacated.
Thereafter, an application for recalling of the said order was filed which was also dismissed.
