(1.) This writ petition has been filed for quashing the order dated 18.4.2001 passed by Director of Education (Basic), UP., Lucknow rejecting petitioner's representation for grant of regular pay-scale as Class-IV employee in Basic School, and for a writ of mandamus commanding the respondents to pay to the petitioner regular salary in the pay-scale of Class-IV employee from the date of absorption i.e. 23.3.1982 with arrears till date with interest of 18% per annum.
(2.) Heard Sri Virendra Kumar appearing for the petitioner, Sri P.K. Sharma for the respondent No. 3 and learned Standing Counsel.
(3.) Petitioner was appointed in the year 1968 as Part Time Peon in Primary Pathshala, Bhadrekhi, Tahsil-Kalpi. District-Jalaun on consolidated salary. It was initially fixed at Rs 15 p.m. UP. Basic Education Act, 1972 came into force on 17.8.1972 providing for constitution of Basic Education Board consisting of an Ex-Officio Director to be Chairman two persons to be nominated the State Government from amongst the Chairman of the Zila Parishad, one person to be nominated by the State Government from amongst the Nagar Pramukh, one person to be nominated by the State Government from amongst the Presidents of the Municipal Board; Secretary to the State Government in the Finance Department (Ex-Officio), Principal State Institute of Education, (Ex-officio), Secretary Board of High School and Intermediate Education, Allahabad Ex-Offcio. President of Uttar Pradesh, Prathmik Shiksha Sangh Ex-officio, two educationist nominated by the State Government an officer not below the rank of Deputy Director of Education, to be nominated by the State Government to be Member Secretary. 'Basic education' was defined as education up to the eighth class imparted in schools other than High Schools or Intermediate Colleges. The function of the Board was to prescribe the course of instruction and books for basic education and teacher's training therefor, to conduct the Junior High School and basic training certificate examination, to lay down by general or special orders in that behalf, norms relating to the establishment of institutions by local bodies and to superintend the Shiksha Samiti in respect of the administration of institutions, to take over management of all basic schools which before the appointed day belonging to any local body etc. Section 7 provides for functions of the Board and subject to any general or special order of the State Government the Board has power subject to the provisions of the Act to spend such sum as it may think fit on objects or for purposes authorised by the Act. Section 13 provides that the Board shall carry out such direction as may be issued to it from time to time by the State Government for efficient administration and in case of any dispute between the Board and the State Government or between the Board and Local Body the decision of the State Government shall be final and binding on the Board or Local Body as the case may be. The Board or Local Body is required to furnish to the State Government such reports, returns and other information as the State Government may from time to time require for the purposes of the Act. The Basic Education Board as such is an instrumentality of the State Government and is wholly owned and controlled by the State Government to carry out the object and purpose to impart basic education in the State of Uttar Pradesh.