(1.) The appellant is aggrieved by the judgment delivered by the learned Single Judge dated 03.03.2004 whereby the W.P.(C)No. 3239/1989 filed by the appellant claiming benefit of PGT (Drawing teacher) w.e.f. 01.10.1973 along with interest, has been dismissed.
(2.) In nutshell it is the case of the appellant that initially he was appointed as a Drawing Teacher Grade-II, i.e. in the pay scale of Rs. 160-300 which grade on 27.05.1970 was merged along with Grade-I. The scales were also revised. It is the case of the appellant that the management of the third respondent (hereinafter referred to as "the School") which is a Government aided school had been utilizing the services of the appellant even for teaching drawing to students of the 11th class, i.e., a senior class, yet he has not been granted either the PGT Grade or the pay scales applicable to the senior grade, i.e., the grade made admissible to PGT in other disciplines.
(3.) It was further submitted that in the year 1970 there existed three categories of teachers including PGT Grade in the pay scale of Rs. 350-700 in the school, but the scale of PGT was not provided for PGT (Drawing and Geometrical and Mechanical) as there was no such post. The Ministry of Education took a decision to provide the post of PGT even with respect to discipline of (Drawing and Geometrical and Mechanical) teacher on 31.05.1972. The Directorate of Education then framed recruitment rules and notified the same on 27.02.1973. The Rules required the incumbent to have either of the following qualifications: