IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.782 of 2009 1. SMT. MAMTA KUMARI, wife of Sri Bijay Kishore Prasad, Assistant Teacher, Government Basic School, Mahendru, P.S. Mahendru, District Patna, 2. Smt. Kumari Premsheela, wife of Sri Om Prakash, Assistant Teacher, R.K.K. Government Basic School, Patna city, P.S. Malsalami, District Patna, 3. Smt. Veena Kumari, wife of Sri Dinesh Prasad Singh, Assistant Teacher, Government Basic School, Balavapur, P.S. Asthawan, District Nalanda, at present working as Assistant Teacher, Government Basic School, Ajnaura, 4. Sri Bijendra Prasad, son of Sri Kameshwar Prasad, Assistant Teacher, Government Basic School, Sevdah, P.S. Harnaut, District Nalanda at present working as Assistant Teacher, Government Basic School, Gokhulpur Math, 5. Ram Yatna Singh Yadav, son of Sri Ramjee Yadav, Assistant Teacher, Government Basic School, Sevdah, P.S. Harnaut, District Nalanda at present working as Assistant Teacher, Government Basic School, Gokhulpur Math, 6. Sri Akhileshwar Prasad, son of Sri Jagdish Prasad, Assistant Teacher, Government Basic School, Balwapur, P.S. Asthawan, District – Nalanda at present R.K.K. Government Basic School, Patna City, District – Patna, 7. Sri Binod Prasad, son of Sri Jagdish Prasad, Assistant Teacher, Government Basic School, Sonachari, P.S. Parwalpur, District – Nalanda, 8. Sri Akhileshwar Prasad, son of Sri Ram Sagar Singh, Assistant Teacher, Government Basic School, Ajanaura, P.S. Noorsarai, District – Nalanda, at present Government Basic School, Sanda, Nalanda, 9. Smt. Meena Kumari, daughter of Brahmdeo Prasad, Assistant Teacher, Government Basic School, Ajanaura, P.S. Noorsarai, District – Nalanda, at present Government Basic School, Rasalpur, Nalanda, 10. Gopaljee, son of Sri Ram Kawal Ram Kishore, at present posted as Assistant Teacher, Government Basic School, Jhaunnwahenwalia, P.S. Bihiya, District Bhojpur, at present Government Basic School, Buxar, P.S. Nagar Thana Buxur, District Buxar, 11. Sri Braj Kishore, son of Sri Bngali Das, Assistant Teacher, Government Basic School, Gokhulpur Math, P.S. Rahui, District Nalanda, at present Government Basic School, Rasalpur, Nalanda, 12. Sri Yugal Kishore, son of Sri Babulal Das, Assistant Teacher, Government Basic School, Gokhulpur Math, P.S. Rahui, District – Nalanda, at present, Government Basic School, Baluwapar, Nalanda, 2 13. Sri Ram Lakhan Yadav, son of Sri Radhe Yadav, Incharge Head Master, Government Basic School, Akhtiyarpur, P.S. Bikram, District Patna, at present, Government Basic School, Nirakhapur, Paliganj, Patna, 14. Sri Sudhir Kant Sharma, son of Sri Swayember Mistri, Assistant Teacher, Government Basic School, Akhtiarpur, P.S. Bikram, District Patna, at present Government Basic School, Katari, Bikram, Patna, 15. Sri Nawal Kishore, son of Sri Gopal Sharan Singh, Assistant Teacher, Government Basic School, Paliganj, P.S. Paliganj, District Patna, at present, Govt. Basic School, Gonpura, P.S. Phulwarisharif, Patna, 16. Sri Ram Prasad Singh Yadav, son of Sri Ram Chhapti Singh Yadav, Assistant Teacher, Govt. Basic School, Sadisopur, P.S. Bihta, District Patna, at present Govt. Basic School, Sadakat Asharam, Patna, 17. Sri Nagendra Kumar, son of Sri Chandra Deo Singh, Assistant Teacher, Govt. Basic School, Nisarpura, P.S. Bikram, District Patna, at present, Govt. Basic School, Gonpura, P.S. Phulwarisharif, District Patna, 18. Ram Ishwar Singh, son of Sri Ram Bilash Singh, Assistant Teacher, Govt. Basic School, Jhaunwancenaliya, P.S. Bihiya, District Bhojpur, at present Govt. Basic School, Piranta, Bhojpur, 19. Sri Sri Niwas Ram, son of late Ram Sakhi Ram, Assistant Teacher, Govt. Basic School, Buxar, P.S. Nagar Thana, Buxar, District Buxar, 20. Sri Janardan Ram, son of late Bunhu Ram, Assistant Teacher, Govt. Basic School, Piraunta, P.S. Muphasil Arrah, District Bhojpur, at present Govt. Basic School, Buxar, P.S. Nagar Thanka, Buxar, District Buxar, 21. Sri Shambhu Nath Sharan, son of Sri Ram Akbal Singh, Assistant Teacher, Govt. Basic School, Nahauli, P.S. Mufassil Arrah, District – Bhojpur, at present, Govt. Basic School, Sadisopur, Patna, 22. Sri Satyendra Mochi, son of Sri Prasidh Machi, Incharge Headmaster, Govt. Basic School, Chouri, P.S. Paliganj, District Patna, 23. Sri Mahesh Kumar, son of Kashi Tanti, Assistant Teacher, Govt. Basic School, Gonpura, P.S. Phulwarisarif, District – Patna, 24. Sri Bhagwan Prasad Singh, son of Sri Ganesh Prasad Singh, Assistant Teacher, Govt. Basic School, Usapha, P.S. Gaurichak, District Patna, at present Government Basic School, Chauri, Paliganj, Patna, 25. Md. Basiruddin Ansari @ Md. Basinnuddin Ansari, son of Md. Bhola Ansari, Assistant Teacher, Govt. Basic School, Usapha, P.S. Gaurichak, District Patna, at present Govt. Basic School, Naurangabad, Patna, 26. Sri Surendra Kumar Sinha, son of Sri Ram Keshwar Singh, Assistant Teacher, Govt. Basic School, Gounpura, P.S. Phulwarisarif, District Patna and 3 27. Sri Sujendra Kumar, son of Late Bankey Bihari Singh, Assistant Teacher, Govt. Basic School, Nauranghbad, P.S. Dhanarua, District Patna, at present Govt. Basic School, Usta, Gourichak, Patna …. ………………………………………………. Petitioners / Appellants Versus 1. THE STATE OF BIHAR, 2. The Director, Primary Education cum Addl. Secretary, Human Resources Development Department, Govt. of Bihar, Patna, 3. The Regional Dy. Director of Education, Patna Division, Patna, 4. The District Superintendent of Education, Patna 5. The District Superintendent of Education, Bhojpur, 6. Ramanuj Singh, son of Sri Bhagwan Sharan Singh, Assistant Teacher, Govt. Basic School, P.S. Paliganj, District – Patna …. Respondents / Respondents, 7. Bishundeo Sharma, son of name not known to the petitioner, at present posted as Assistant Teacher, Govt. Basic School, Akhtiyarpur, P.O. Akhtiyarpur, District Patna transferred to Govt. Basic School, Sadaquat Ashram, Patna, 8. Smt. Suryamani Devi, daughter/wife of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Khoraintha, P.S. Bikram, District Patna, 9. Sri Jagdanand Sharan, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Akhtiyarpur, P.O. Akhtiyarpur, District Patna, transferred to Govt. Basic School, Chauri, Patna, 10. Sri Chandra Sekhar Prasad Sharma @ Chandra Pd. Singh, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Akhtiyarpur, P.O. Akhtiyarpur, District Patna, on transfer to Govt. Basic School, Kariram, District Kaimur, 11. Sri Madan Sharma, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Khoraintha, P.O. Bikram, District Patna, 12. Sri Yogendra Kumar, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Khoraintha, P.O. Bikram, District Patna, 13. Sri Kamaljit Choudhary, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Gonpura, P.O. Aladpur Gonpura, District, on transfer to Govt. Basic School, Naubatpur, P.O. Naubastpur, District Patna, 14. Smt. Deoanti Devi, daughter/wife of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Karasa, P.O. Bikram, District Patna, 4 15. Sri Satendra kumar, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Paliganj, P.O. Paliganj, District Patna, on transfer to Govt. Basic School, Anandpur, Bihta, Patna, 16. Sri Bhuneshwar Yadav, son of name not known to the petitioner, at present, posted as Incharge Headmaster, Govt. Basic School, Sheogarh, P.O. Datiyana, District Patna, 17. Sri Krishna Kumar Choudhary, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Sheogarh, P.O. Datiyana, District Patna, 18. Sri Siyasharan Prasad, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Datiyana, District Patna, on transfer to Govt. Basic School, Walwapur, P.O. Asthawan, District Nalanda, 19. Sri Nagendra Singh, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Sheogarh, P.O. Datiyana, District Patna, 20. Sri Bindeshwar Pandey, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Sheogarh, P.O. Datiyana, District Patna, on transfer to Govt. Basic School, Amrai Nawada, District Bhojpur, 21. Sri Arjuna Mochi, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Nisarpura, P.S. Mahamadpur, District Patna, on transfer to Govt. Basic School, Katari, District Patna, 22. Sri Vyasdeo Sharma, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Nisarpura, P.O. Mahamadpur, District Patna, on transfer to Govt. Basic School, Chauri, District Patna, 23. Sri Shatrudhan Sharma, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Nisarpura, P.O. Mahmadpur, District Patna, on transfer to Govt. Basic School, Farhada, District Bhojpur, 24. Sri Kaulesh Sharma, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Nisarpura, P.O. Mahmadpur, District Patna, 25. Sri Shardanand Sharma, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Naubatpur, P.O. Naubatpur, District Patna, on transfer to Govt. Basic School, Babhangawan, District - Bhojpur, 26. Sri Satendra Kumar, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Naubatpur, P.O. Naubatpur, District Patna, 5 27. Smt. Sushila Kumari, daughter/wife of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Naubatpur, P.S. Naubatpur, District Patna, 28. Sri Devendra Prasad Singh, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Sebdah, P.O. Birajumill, District Nalanda, on transfer to Govt. Basic School, Sheogarh, P.O. Datiyawa, District Patna, 29. Sri Naresh Prasad Sharma, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Naubatpur, P.O. Naubatpur, District Patna, on transfer to Govt. Basic School, Nisarpura, P.O. Mahmadpur, District – Patna, 30. Sri Mohan Choudhary, son of name not known to the petitioner, at present, posted as Assistant Teacher, Govt. Basic School, Katari, P.O. Karanja, District Patna, ……… Intervenor respondents / respondents, 31. Smt. Nira Kumari, wife of Sri Shashikant Sekhar, Assistant Teacher, Govt. Basic School, Mahendru, P.S. Mahendru, District Patna, 32. Smt. Veena Prasad, wife of Dr. Pranav Kumar, Assistant Teacher, Govt. Basic School, Sadaquat Ashram, P.S. Sadaquat Ashram, District Patna, 33. Sri Manoj Kumar, son of Sri Bhagwan Mishra, Assistant Teacher, Govt. Basic School, Amarai Nawada, P.S. Bihiya, District Bhojpur …. ……………………………………………..Petitioners / respondents. ------------- For the Appellants: Mr. Chittaranjan Sinha, Sr. Advocate, Mr. Ajay, Advocate. For the State: Mrs. Nivedita Nirvikar, G.P. XVI. For the Respondents 6-33:Mr. Pratap Sharma, Advocate. ------------ PRESENT- THE HON’BLE THE CHIEF JUSTICE THE HON’BLE MR JUSTICE SHIVA KIRTI SINGH O R D E R (22.03.2010) As per Dipak Misra, C.J.- Being grieved and dissatisfied with the order dated 04.05.2009 passed by the learned single Judge in CWJC No. 5689 of 1996, the appellants have preferred the present appeal invoking the jurisdiction under Clause X of 6 the Letters Patent. 2. The necessitous facts, bereft of unnecessary details, are the appellants-petitioners (hereinafter referred to as `the appellants’) invoked the inherent jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ of certiorari for quashment of Memo No. 2392 dated 18.11.1995, contained in Annexure-1 to the writ petition, issued by the Regional Deputy Director of Education, Patna Division, Patna, whereby the interveners were included in the Divisional Cadre of Basic Government School. It is worth noting that the aforesaid memorandum came to be issued on the basis of the order passed in CWJC No. 4199 of 1989 and other analogous cases and that of the order passed by the Apex Court, which affirmed the order of this Court. As is evident vide the memorandum contained in Annexure-1, 26 persons have been adjusted in basic schools of Patna Division. 3. The case of the appellants before the Writ Court was that in pursuance of an advertisement for appointment of teachers in Government Basic Schools, they had applied for the said posts and eventually were selected by the 7 Divisional Level Establishment Committee in the year 1991 and posted in various Government Basic Schools by the Regional Deputy Director of Education in the pay scale of Rs. 1200-1800/-. On 18.11.1995 by the impugned order, the said authority had adjusted the Assistant Teachers, who were at that time posted in different Basic Schools in Divisional Cadre. The said action, was taken by the respondents, on the basis of the order passed in CWJC No. 4199/1989. 4. It was pleaded in the writ petition that in the State of Bihar, school education has two branches, namely, Primary Education and Secondary Education with separate Directorate. Under Primary Education, there are two categories of schools, namely, Government Basic Schools and Non-Government Elementary Schools. On 11.11.1975, vide Notification No. 2749 the State Government in exercise of the power conferred on it under Article 309 of the Constitution of India framed the State Basic Schools (Classification, Appointment, Promotion and Transfer of Assistant Teachers) Rules, 1975, (hereinafter referred to as `the 1975 Rules’). According to 8 the 1975 Rules, the cadre of the Assistant Teachers of Basic Schools is of Divisional level under the Regional Deputy Director of Education (for short, R.D.D.E.), who was the appointment authority. According to Rule 3 of the 1975 Rules, the cadre of the teachers of the Government Basic Schools would be of Divisional Level and, according to Rule 4 of the aforesaid Rules, the cadre controlling authority of the teachers of the Government Basic Schools would be the concerned Regional Deputy Director of Education. According to Rule 5, the competent authority would make appointment on the basis of the recommendations of the Divisional Committee constituted under the said Rules. Referring to the said Rules, it was contended that the posts of Assistant Teacher of Government Basic Schools belonging to Divisional Cadre, the concerned Regional Deputy Director of Education would make appointment upon the recommendations of the aforesaid Divisional Committee. The initial appointment was to be made on the posts of Matric Trained Scale and thereafter promotion would be made on the basis of seniority to the posts of higher scale. 9 Thereafter, all appointments on the posts of Assistant Teacher of Government Basic Schools in Divisional Cadre were being made by the concerned R.D.D.E. according to the 1975 Rules. 5. For better organization and development of elementary education, the State Government brought the legislation, namely, Bihar Non-Government Elementary Schools (Taking over and Control) Act, 1976, (for brevity, `the 1976 Act’). It was put forth that the service conditions of the Primary School Teachers are governed by the 1976 Act whereas the service conditions of the Basic School Teachers are governed by the 1975 Rules. When the matter stood thus, the State Government took recourse to Section 8 of the 1976 Act and also in exercise of the power under Article 309 of the Constitution of India framed Rules under Memo No. 2412 dated 05.11.1981 pertaining to appointment of Assistant Teachers in Elementary / Primary and Basic Schools. According to the 1981 Rules, new appointments in Matric Trained Scale in Government Basic Schools would be made by the District Superintendent of Education from the 10 panel prepared by the District Education Establishment Committee and such teachers posted thereto would belong to the District Cadre of Nationalized Elementary Schools. 6. Placing reliance on the 1981 Rules, it was contended by the learned counsel for the appellants that the persons appointed / promoted according to the said Rules would belong to District Cadre of Teachers of Nationalized Elementary Schools. It was put forth that the said Rules did not make any provision that the teachers appointed according to the said Rules in the Basic Schools by the District Superintendent of Education would belong to Divisional Cadre of Teachers of the Government Basic Schools but, on the contrary, Rule 1 of the 1981 Rules made it quite clear that such posts and the teachers posted against those posts would belong to District Cadre of the Nationalized Elementary Schools. 7. It was put forth before the Writ Court that Rule 2 of the 1981 Rules is self-evident that for the purpose of promotion upon the units/posts allotted/sanctioned in I.A. and B.A. trained scales in the Government Basic Schools which are equivalent to Grades V & III of the Nationalized 11 Elementary Schools, the provisions made under the 1975 Rules would remain intact. It was also urged that if for the purpose of promotion on the newly sanctioned posts in I.A. and B.A. trained, if teachers working in the Government Basic Schools are not available in sufficient number then on those vacant posts, according to Notification no. 2060 dated 15.09.1981 issued for appointment and promotion of the teachers of Nationalized Elementary Schools, appointment / promotion would be made from the District Cadre of District Elementary Schools and such teachers would belong to District Cadre of Elementary Schools. 8. A reference was made to Notification dated 05.11.1981 to highlight that the teachers either appointed by the District Superintendent of Education in the Government Basic Schools or promoted to higher scales, after such appointment, were to remain in District Cadre of the teachers of Nationalized Elementary Schools and were not to be included in Divisional Cadre of teachers of the Government Basic Schools. It was contended that in the year 1982-1983, in Tirhut Division the then R.D.D.E. 12 made large number of appointments on the posts of Assistant Teachers of the Government Basic Schools and the services of the said appointees were terminated as they were irregular. They approached this Court but there was no interference and, eventually, the matter travelled to the Apex Court and the Apex Court by order dated 02.05.1986 passed in several Special Leave Petitions holding that the R.D.D.E. was the authority competent to make appointments in the Government Basic Schools. In view of the order passed by the Apex Court that for appointment on the posts of Assistant Teacher in Government Basic Schools, the concerned R.D.D.E. remained the only appointing authority, who would make appointment upon the recommendations of the Divisional Committee constituted under the 1975 Rules and the 1975 Rules remained intact. Elaborating the same it was further asserted that the appointments made by the District Superintendent of Education according to the 1981 Rules belong to District Cadre of teachers of Nationalized Elementary Schools. The District Superintendent of Education, placing reliance upon the 1981 Rules, made 13 several appointments in Government Basic Schools. Though appointments were made by the District Superintendent of Education under the 1981 Rules, yet they really belonged to District Cadre of teachers of Nationalized Elementary Schools. It was urged that the said appointments made by the District Superintendent of Education were contrary to the mandate of the Apex Court and, therefore, they could not have claimed to have been appointed in Divisional Cadre of the teachers of Government Basic Schools as they were not appointed by the R.D.D.E. according to the provisions of the 1975 Rules and further as there were no recommendations of the Divisional Establishment Committee. That apart, District Superintendent of Education is an Officer / authority of the District Level whereas the R.D.D.E. is an authority of the Divisional Level and, therefore, there could not have been appointment for the Divisional Level. 9. A reference was made to the Notification No. 1067 dated 17.08.1988 whereby the State Government amended the Notification dated 05.11.1981 and vested the power of appointment of teachers in the Government 14 Basic Schools in the Regional Deputy Director of Education. Thereafter, the teachers appointed by the District Superintendent of Education in Government Basic Schools were directed to go back to the District Cadre as the Assistant Teachers in Nationalized Elementary Schools. The said action was challenged before this Court in CWJC No. 8949 of 1991. A Division Bench of this Court vide order dated 03.12.1993 dismissed the writ petition treating the working of such teachers in Government Basic Schools as on deputation and, therefore, the direction to go back to the Divisional Cadre did not suffer from any illegality. 10. In the year 2003, when the R.D.D.E., Patna Division, Patna had asked the District Superintendent of Education to furnish a list of such teachers, who were appointed by the District Superintendent of Education but were continuing in the Government Basic Schools, one teacher, who was also appointed by the District Superintendent of Education and was continuing in the Government Basic School for last 16 years, filed CWJC No. 5770 of 2003. The learned single Judge by order dated 15 15.12.2003 disposed of the writ petition directing the Director (Primary Education), Bihar to make an enquiry into the circumstances in which the said writ petitioner continued in the Basic School for 16 years and further to take such administrative action as may be warranted against the concerned persons. L.P.A. No. 85/04 preferred against the said writ petition was also dismissed on 30.01.2004. 11. The aforesaid aspects were highlighted to bring on record that the teachers, who were appointed by the District Superintendent of Education from the panel prepared by the District Education Establishment Committee and were posted in the Basic Schools, belong to District Cadre of the teachers in Nationalized Elementary Schools and they have no right to continue in the Basic Schools. 12. It is relevant to mention here that the Regional Deputy Director of Education, Patna Division, Patna vide memo No. 2392 dated 18.11.1995, Annexure-1 to the writ petition, had adjusted the Assistant Teachers, who were at that time posted at different Basic Schools, in Divisional 16 Cadre as they had made such a prayer pursuant to the order of this Court in CWJC No. 4199/89. 13. The said order was challenged in CWJC No. 5689 of 1996 on the ground that those teachers were appointed pursuant to the advertisement made for Assistant Teachers in Primary Schools in District Cadre and, hence, could not have brought in the Divisional Cadre. The learned single Judge, placing reliance on the order passed in CWJC No. 4199/89, had held that the order passed in Annexure-1 to the writ petition would not mean that the persons mentioned in the said order would be treated to be teachers of the Basic Schools from the date of issuance of Annexure-1, i.e., 18.11.1995, rather they would have the right to be treated as teachers of Basic Schools from the date on which they were so appointed / posted in terms of the judgment passed in the case of Sri Jagat Narayan Singh and Ors. Vs. The State of Bihar (CWJC No. 325 of 1991 and other connected matters). Being of this view, the learned single Judge declined to interfere. 14. We have heard Mr. Chittaranjan Sinha, learned 17 Senior Counsel along with Mr. Ajay for the appellants, Mrs. Nivedita Nirvikar, learned Government Counsel XVI for the State and Mr. Pratap Sharma, learned counsel for the respondents no. 6 to 33. 15. The gravamen of the controversy is whether the respondents 6 to 33, who were the petitioners in CWJC No. 4199 of 1989, can be treated to be in the Divisional Cadre in the light of the decision rendered in CWJC No. 4199 of 1989 and other analogous cases and the order passed in Special Leave to Appeal (Civil) No. 15838- 15844/94. By issue of Annexure-1 dated 18.11.1995, 26 persons mentioned therein have been adjusted in the Basic Schools of Patna Division. As it is manifest it was contended before the learned single Judge that the persons mentioned in Annexure-1 ought to have been treated as teachers of the Basic Schools from the date on which Annexure-1 had been issued and not to be treated as teachers of the Basic Schools from the date on which they were so appointed. 16. In this regard it is essential to appreciate what has been held in the case of Sri Jagat Narayan Singh & 18 Ors. v. The State of Bihar & Ors., (CWJC No. 325 of 1991) and Ramanuj Singh and others v. The State of Bihar & Ors., (CWJC No. 4199 of 1989) which were disposed of by the Division Bench of this Court along with other writ petitions by a common order dated 03.02.1994. In the said batch of writ petitions, the petitioners therein had prayed for quashment of orders dated 21.09.1988, 13.10.1988, 22.05.1993, 17.01.1990 and 29.12.1990 passed by the 3rd respondent therein whereby all the District Superintendent of Educations had been directed to remove the Assistant Teachers from the Basic Schools in order to