P R CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) The facts which are not disputed but are relevant are these: Sri P. R. Chauhan. the petitioner, and Sri G. M. Prakash the opposite party No. 2, were selected as District Inspectors of Schools in U. P. Educational Services, Senior Scale in the year 1949. Thereafter both of them worked on the posts of Deputy Director of Education, Joint Director of Education and Additional Director of Education from time to time. The next higher post than the post of Additional Director of Education is that of Director of Education which is a selection post. Similarly, the post of Deputy Director of Education is also a selection post. The appointments to the post of Director and Deputy Director of Education are made by the Government by selection from amongst the members of the Services solely on the ground of outstanding merit vide R. 5 (3) of the U. P. Educational Services (class 1) Rules, 1945. The selection to the post of Director of Education U. P. was held on 28th Aug. 1978 by a Selection Committee at Government level consisting of Chief Secretary to Government, Secretary to Government Appointment Department and Secretary to Government Education Department. The petitioner was selected to the post of Director of Education by the said Selection Committee and was appointed vide Notification dated 5th Oct. 1978. a copy of which is Annexure 1 to the petition. The opposite party No. 2 challenged the said appointment of the petitioner by filing a reference claim on 23rd Nov. 1978 under S. 4 of the U. P. Public Services (Tribunals) Act, 1976. That petition is still pending. At the time of appointment of the petitioner as Director of Education he was drawing salary in the scale of Rs. 2250-2750.

(2.) The State Government by Notification dt. 11th Sept. 1981 created a temporary post of Director of State Council of Educational Research and Training (for short SCERT) in the grade of Rs. 2250-100-2750, vide Annex. 2 to the writ petition. The opposite-party No. 2 was duly selected for the post of Director, SCERT by a duly constituted Selection Committee consisting of Chief Secretary, Education Secretary and Karmik Secretary and he was appointed to the post of Director, SCERT by the Government vide order dt. 12th Oct. 1981 Annex. A-2 to the counter-affidavit in the scale of Rs. 2250-2750.

(3.) The pay scale of Director of Education was revised to Rs. 2700-3000 with effect from 1st July, 1979 or from the date of creation of the post which was later vide G. O. dated 23rd April, 1982. Similarly, the pay scale for the post of Director, SCERT was revised by the G. O. dt. 14th May, 1982 to Rs. 2700-3000 with effect from 11th Sept. 1981, the date of creation of the post.