VIMLA DEVI BISHT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By the present writ petition the petitioner has prayed for a writ in the nature of mandamus to pay the salary to the petitioner No. 1 in C. T. Grade with effect from 12.1.1987 and in L.T. grade with effect from 12.1.1992 and to the petitioner No. 2 in C.T. grade with effect from 18.1.1987 and in L.T. grade with effect from 18.1.1992.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the petitioners were initially appointed as Assistant Teachers in B.T.C. grade in the Bhawani Balika Inter College, Ballupur, Dehradun. The petitioner No. 1 was appointed on 12.1.1982 and petitioner No. 2 was appointed on 18.1.1982. The petitioners have submitted that after completing five years of service they were entitled for promotion in the C.T. grade as per Regulation 7 (2) of Chapter 2 of U.P. Intermediate Education Act. The petitioners were qualified teachers and they were entitled to be promoted in C.T. grade after completing five years service and further in L.T. grade after completing satisfactory service of 10 years. The petitioners have submitted that they made representations before the authorities concerned on 26.11 .2002 but no heed was paid to their request, hence the petition.

(3.) REGULATION 7 (2) of Chapter 2 of the U.P. Intermediate Education Act, provides for promotion of a teacher of J.T.C./B.T.C. grade in C.T. grade, which reads as under : '(2) Where in an institution any teacher working in the J.T.C./B.T.C. Grade has passed intermediate or an equivalent, examination or is a trained graduate and has completed five years service in that grade he shall be promoted in the C.T. grade by the Committee of Management [and information of such promotion shall be immediately conveyed to the inspector]'