SANJAY TIWARI AND OTHERS Vs. STATE OF U.P. THROUGH SECRETARY, DEPARTMENT OF SECONDARY EDUCATION AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the four petitioners challenging the order dated 19.11.2005 passed by the Director Secondary Education U.P. Lucknow. The further prayer of the petitioner is to restrain the respondents from interfering in the working of the petitioners and to pay regular monthly salary to the petitioners from month to month.

(2.) The facts of the case in brief are that there is an Institution known as Merchant Inter College, Chitbaragaon, Ballia (the Institution). This Institution is recognized and is also on grant-in-aid list and is governed by the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder and the U.P. Secondary Education Services Selection Board Act, 1982.

(3.) The case of the petitioners is that four permanent Assistant Teachers namely, Rudra Dev Singh, Sudama Ram, Bans Bahadur Singh and Uma Nath Singh working as permanent Assistant Teachers in the CT Grade were promoted on ad hoc basis as Assistant Teachers in the LT Grade against the vacancy arising therein. The petitioners were appointed as Assistant Teachers against the short-term vacancies. In 1989, the CT Grade was declared to be a dying cadre and all the CT Grade teachers were automatically merged into LT Grade. The petitioners were appointed in the LT Grade. The date of appointment of the petitioner Nos. 1 and 3 is 3.08.1993 and of the petitioner Nos. 2 and 4, it is 4.07.1993.