SHAIL KAPOOR Vs. STATE OF U P

JUDGEMENT

(1.) THE three petitioners, Smt. Shail Kapoor, Smt. Usha Mehrotra and Kiran Tandon claim arrears of C.T. Grade, absorption in L.T Grade due to declaration of C.T. Grade a dying cadre and assignment of seniority in L.T. Grade in accordance with relevant Government orders issued from time to time. THEir representation and claim has been rejected by District Inspector of Schools, Allahabad (hereinafter referred to as the "DIOS") vide impugned order dated 12.8.2008 (Annexure-14 to the writ petition), hence this writ petition under Article 226 of the Constitution of India.

(2.) THE petitioners have sought for issuance of a writ of certiorari quashing the order dated 12.8.2008 and a writ of mandamus directing the respondents to grant the aforesaid relief which has been declined by DIOS.

(3.) THE matter was taken in intra-Court appeal vide Special Appeal No. 475 of 1999. THE Division Bench decided the matter vide judgment dated 4.8.1999 confirming the judgment of Hon'ble Single Judge and held as under: "So far as order of the learned Single Judge which is under challenge in appeal is concerned we find there is no illegality in the same. THE respondents are entitled to C.T Grade under Regulation 7(2) chapter-ll of the Regulation framed under the U.P. Intermediate Education Act, 1921. Though the said Regulation 7(2) was omitted by order dated 19th August, 1992 it was held in the case of Smt. Arna Ghosh v. State of UP. and others, (1995) 2 UPLBEC 763 that the government order dated 19.8.1992 omitting Regulation 7(2) of the Regulations, chapter II framed under the UP. Intermediate Education Act, 1921 will not effect the right already acquired as it had no retrospective operation. Admittedly respondents 1, 2 and 3 had completed their five years of service in B.T.C. Grade prior to the government order dated 19.8.1992 and as such the learned Single Judge has rightly held that they are entitled to C.T. Grade under Regulation 7(2). Accordingly, the special appeal is dismissed without any order as to costs.