ANURAG Vs. STATE OF U P

JUDGEMENT

(1.) In this bunch of writ petitions, petitioners have rushed to this Court for quashing of the circular letter dated 11.10.2011 issued by Finance Controller, Board of Basic Education, U.P. Allahabad as well as consequential communication issued by respective Finance & Accounts Officer, Basic Education, and further prayer has been made not to take any action on the basis of order impugned and salary be ensured without causing any reduction by effecting recovery therefrom. In order to organize, co-ordinate and control the imparting of basic education and teachers' training in the State of U.P., the State of U.P. came up with an idea of establishing Board of Basic Education and the matter connected therewith by introducing, U.P. Basic Education Act, 1972 (U.P. Act No. 34 of 1972). The Board of Basic Education has established large number of Junior Basic School/Senior Basic School in the entire State and in the said institution appointment is made initially as Assistant Teacher in Primary Schools and thereafter avenue of promotion has been provided for as Headmaster in Primary School or Assistant Teacher in Senior Basic School in consonance with procedure as provided for under U.P. Basic Education (Teachers) Service Rules, 1981.

(2.) Each one of the petitioner of present writ petitions have claimed before this Court that their initial engagement has been as Assistant Teachers in Primary Schools falling in their respective districts and thereafter each one of the petitioner has been accorded promotion as Assistant Teacher in Senior Basic School and has been performing and discharging their duties accordingly.

(3.) State Government by means of Government Order bearing No. 2-1313/Dus-54 (M)/2008 dated 8.12.2008 notified the decision of the State Government with regard to revision of pay-scales of Government Servants, Government Teacher, Teachers and Employees of aided educational institutions, teachers and employees of technical education as also that of pensioners and family pensioners w.e.f. 1.1.2006. On 8.12.2008 itself another Government Order was issued by the State Government bearing No. 2-1314/Dus-59 (M)/2008 notifying the pay band and the grade pay applicable w.e.f. 1.1.2006 with regard to different existing pay-scales. On 8.12.2008 itself another Government Order was issued by the State Government bearing No. 2-1318/Dus-59 (M)-2008 notifying the procedure and method for actual fixation in the revised pay structure. Paragraph 11 of the Government Order bearing No. 2 1318/Dus-59(M)-2008 dated 8.12.2008 specified the procedure to be followed in fixing salary in case of promotion from one Grade pay to another Grade Pay in the revised pay structure in the case of promotion on 1.1.2006 or subsequent to 1.1.2006. Paragraph-11 of the aforesaid Government Order is being extracted below: