MAHENDRA PRATAP PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel and Counsel for Respondent No. 4 The U.P. Secondary Education Service Selection Board, Allahabad.

(2.) The present petition has been preferred against the impugned order dated 2.7.2007 passed by the District Inspector of Schools, Allahabad Respondent No. 3. (Annexure No. 6 to the Writ Petition) with the prayer for quashing of the aforesaid order. Further prayer is to issue mandamus to consider case of the petitioner for promotion to the post of L.T. Grade teacher under 25% quota and also pass appropriate order for appointment on the post of L.T. Grade and making payment of salary.

(3.) Brief facts of the case are that the institution known as Lal Bahadur Shastri Technique Inter College, Manda, Allahabad is a recognized and aided institution under the U.P. Intermediate Education Act. The payment of salary to the staff is made under the provisions of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "Act 1971"). The services of the institution is governed by the provisions of the U.P. Secondary Education Services Selection Board Act 1982 (hereinafter referred to as "Act 1982") and rules framed thereunder. The institution is imparting education from Class 1 to 12. The Primary Section is attached with Intermediate College hence the service conditions of the Assistant Teachers who are working in the Primary Section are also governed by the Act 1982 and the U.P. Intermediate Education Act. From Class 6 to 12, the said institution was already into grant-in-aid list. The Primary Section which was attached with the institution was put into grant-in-aid list w.e.f. 1.10.189 and the Assistant Teachers of the Primary Section are also getting salary under the provisions of Act 1971. The District Inspector of Schools (hereinafter referred to as "the D.I.O.S") by order dated 6.3.1990 further gave consent for payment of salary to the petitioner and other similarly situated persons. The petitioner is a senior most Assistant Teacher appointed in B.T.C. Grade whose qualification is M.A., B.Ed. and Sahityacharya. He was appointed on 1.8.1980 as Assistant Teacher in Primary Section and his services have been confirmed by the Committee of Management on 11.8.1981. In the Junior High School, there were 16 posts of L.T. Grade after C.T. Grade was merged in L.T. Grade. Out of 16 sanctioned posts of L.T.Grade, none of the teachers has been promoted from B.T.C. Grade to C.T. Grade or L.T.Grade. Prior to abolition of C.T.Grade when it was declared as dying cadre in 1989, there was a provision for promotion of 50% teachers from B.T.C. to C.T. Grade and C.T. to L.T. Grade under the provisions of Chapter II of the U.P. Intermediate Education Act. State of U.P. by orders dated 25.2.2003 and 25.11.2005 made necessary amendment in the U.P. Intermediate Education Act and it was provided that 25 % posts of L.T. Grade will be filled up by making promotion from amongst B.T.C. Teachers who are duly qualified for promotion to the post of L.T. Grade. Sub Rule 7(1)(ka) and 2(ka) were amended and inserted by notification dated 26.2.2003. When two posts fallen vacant on 30.6.2003. After retirement of the teachers in L.T. Grade who were teaching in Hindi and Social Science, the claim of the petitioner was to be promoted under 25% quota. Against that two vacant posts, on recommendation one Shiv Sagar Sonkar, Scheduled Caste candidate was selected by the U.P. Secondary Education Service Selection Board and joined the institution in reserve category on 18.1.2005. The another post is still vacant on retirement of the then Assistant Teacher Sri Rajnath Sharma. The Committee of Management under 25% quota for promotion from B.T.C. To L.T. Grade recommended case of the petitioner by resolution dated 29.9.2006 before the D.I.O.S. for approval by letter dated 8.12.2006. However the D.I.O.S. by letter dated 2.7.2007 informed that name of one Nit Lal has been recommended by the Selection Board and who was to be permitted to join. Being aggrieved by impugned order, present petition has been filed.