Bhagwan Singh Yadav and Others vs Asst. Director Education (Basic) Vth Region and Others

Devendra Pratap Singh, J.—Heard learned Counsel for the parties.

The petitioners claiming to be the employees of Devi Kawalraji Smarak Mahila Vidyapeeth Junior High School, Vikrampur, Ghazipur have filed this petition against the order dated 22.11.2000 passed by the Assistant Director of Education (Basic), Varanasi wherein it has been held that the appointment of the petitioners was dehors the rule.

It appears that the respondent Committee of Management had also instituted a civil suit No. 404 of 2001 against this very order and the Civil Court, after contest, decreed the suit vide its judgment dated 3.8.2004 with a declaration that the order dated 22.11.2000 is void and further issued a prohibitory injunction restraining the Education officials from giving effect to the said order.

The petitioners have brought on record the copy of the said judgment through a supplementary affidavit filed on 19.112007. The learned Standing Counsel on the same day was granted time to file reply within three weeks. Again, he was granted four weeks further time to file counter affidavit to the supplementary affidavit vide order dated 1.9.2008, till date no such counter affidavit has been filed.

In the midst of arguments learned Standing Counsel seeks further a week''s time to file a reply as to whether an appeal was filed or is pending.

In the interest of justice, one last opportunity is granted to file reply to the said supplementary affidavit or to inform the Court with details whether any appeal was filed and its outcome.

List on 27.8.2010.