MADHURI SRIVASTAVA Vs. ATIRIKT BASIC SHIKSHA ADHIKARI (MAHILA)

JUDGEMENT

(1.) GOVERNMENT of U.P. vide its order dated 20 -10 -1976 (hereinafter referred to as the G.O.) has revised the pay scale of teachers working in the recognised aided Junior High Schools in the State of U.P. with effect from 1 -7 -1974. Petitioners, who are teachers in Dinkar Balika Vidyalaya, Jamalpur, Jaunpur (hereinafter referred to as the School) were given the revised pay scale in accordance with the G.O. but subsequently on account of the order passed by Atirikt Basic Shiksha Adhikan (Mahila), respondent No. 1, payment of salary to the petitioners in the revised pay scale was stopped Petitioners have accordingly filed this petition for writ of mandamus directing the respondents to pay them salary in the revised pay scale. The State in its counter -affidavit has stated, inter alia that while classes X to V of the School belong to Primary Sections, Classes VI to VIII form part of the Junior High School; that five posts sanctioned for Junior High School Sections and nine posts were sanctioned for Primary Sections of the School; that the petitioners were appointed for Primary Section of the School and as such, are not entitled to revised pay scale prescribed by the G.O., which is meant only for the teachers working in the Junior High School Sections.

(2.) THE U.P. Basic Education Act, 1972 (hereinafter referred to as the Act) defines "Basic Education" as education up to VIII class imparted in Schools other than High Schools and Intermediate Colleges. The Act does not define the Primary or Junior High Schools. The Government of U.P. has, however, in exercise of rule making power under Section 19, laid down different Rules governing the conditions of service of the teachers working in Junior High Schools, Senior Basic Schools and Junior High Schools. The U.P. Recognised Basic Schools (Recruitment and Conditions of Service of Teachers and other Conditions) Rules, 1975 lays down the condition of service of teachers working in recognised Junior Basic Schools imparting education from classes I to V. The U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers).Rules, 1978 deals with the conditions of service of teachers working in Junior High Schools. 'Junior High School' has been defined in these Rules as an institution other than High Schools and Intermediate Colleges imparting education from class VI to VIII. The U.P. Basic Education (Teachers Service Rules), 1980 lays down the conditions of service of teachers, who are working in schools established by Local Bodies and transferred under Section 9 of the Act to the Board as well as teachers employed in Basic and Nursery Schools established by the Board. It is thus, apparent that there are Junior Basic Schools, Senior Basic Schools and Junior High Schools and the Government have framed separate Rules for regulating the conditions of service of the teachers working in different types of schools. Teachers working in Junior High Schools form separate cadre and the teachers working in Junior Basic/Primary Schools, belong to different class.