MADAN SINGH KHATRI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) ALL the petitioners, in the above writ petitions, are Assistant Teachers in Elementary Schools in District Bageshwar, Uttarakhand. "Elementary Education" is divided into two categories i.e. from Class I to V is known as "Primary Education" and Class VI to VIII is known as "Senior Primary Education or Junior High School" and together from Class I to VIII is known as "Elementary Education".

(2.) ADMITTEDLY , a teacher, who has five years of teaching experience in Primary School is eligible to be promoted to the post of Assistant Teacher in Junior High School (Senior Primary School), and such promotion are made strictly in accordance with "seniority". The provisions for promotion are contained in "Uttar Pradesh Basic Education (Teachers) Service Rules, 1981" (in short "Rules of 1981"), which are admittedly applicable in the State of Uttarakhand.

(3.) THIS Court has been informed that now "Uttarakhand Government Elementary Education (Teachers) Service Rules, 2012" (from herein after referred to as the "Rules of 2012") which came into force on 21.08.2012 are applicable for such promotions. However, this matter will be covered by the old Rules of 1981 as the matter pertains to recruitment process of 2011. In any case, even under the new Rules of 2012, the criteria for promotion from Assistant Teacher, Primary School to Assistant Teacher, Senior Primary School is "seniority" subject to rejection of unfit and the eligibility is five years of regular service as Assistant Teacher, Primary School.