LALJI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the order dated 22/ 23.10.2003 and the order dated 18.11.2005 whereby it has been held that the petitioner would be entitled for grant of L.T. Grade w.e.f. 7.3.1990 and the selection Grade from 7.3.2000. There is an Institution by the name of Goswami Tulsidas Krishak Inter College, Koraon, Allahabad (the Institution). The petitioner was appointed in the Institution on the post of Assistant Teacher on 26.7.1974 and his appointment was also approved by the District Inspector of Schools, Allahabad (the DIOS) by letter dated 21.3.1975. His case further is that at the time of appointment he was intermediate and also had BTC training. He passed the B.A. examination in the year 1976 and M.A. in 1979 in Sociology and Economics subjects. It is further stated that in terms of the G.O. dated 19.10.1989 and 2.12.1989 he was allowed L.T. Grade w.e.f. 1.1.986 on completion of 10 years satisfactory service including 5 years of continuous service in C.T. Grade.

(2.) His case is that in terms of the G.O. dated 20.12.2001 he was entitled for grant of selection grade on completion of 10 years of satisfactory service in L.T. Grade. A proposal for granting him the Selection Grade was forwarded to the DIOS and it is only thereafter that the impugned orders were passed holding that the petitioner was wrongly given the L.T. Grade w.e.f. 1.1.1986 and therefore, the salary, which has wrongly been paid to him, is liable to be recovered from the petitioner.

(3.) I have heard Shri Satish Dwivedi, Learned Counsel appearing for the petitioner and the learned standing counsel appearing for the respondent Nos. 1, 2 and 3. As per the office report dated 15.4.2006 regarding service on respondent No. 4 neither acknowledgement nor un-served notice has been received back. In the circumstances notice on respondent No. 4 shall be deemed to be sufficient. No one appeared on behalf of respondent No. 4 although list has been revised.