STATE OF U P Vs. ROSALIA MINJ SOHANTA

JUDGEMENT

(1.) The present special appeal has been filed against the judgment dated 16.2.2000, passed by the learned Judge in Civil Misc. Writ Petition No. 1303 of 1993, whereby the learned Judge, had disposal of the writ petition quashing the order dated 8.10.1992, contained in Annexure 8 to the writ petition and directing the authorities to treat the petitioner as trained teacher in terms of the Government Order dated 21.10.1994 and pay the salary as trained teacher in the revised scale alongwith arrears.

(2.) Briefly stated the facts giving rise to the present special appeal are that the respondent No. 1 (writ petitioner) was appointed on 17.7.1973, as Assistant Teacher in Primary School namely Bal Vidyalaya Nayapura, Stanely Road, Allahabad (hereinafter referred to as the School). She was given trained grade as she was having certificate of diploma in Education from the Pune University. Sometimes in February, 1992, the authorities found that the diploma possessed by the respondent No. 1 was not recognised as equivalent to B.T.C., and since B.T.C. was the only training after obtaining of which a person becomes eligible for appointment as Assistant Teacher in Primary School, therefore, vide order dated8.10.1992, she was designated as untrained Teacher and ordered to draw salary as untrained teacher. The respondent No. 1 challenged the said order by filing a writ petition in this Court under Article 226 of the Constitution of India which had been finally disposed off by the learned Judge vide order dated 16.2.2000 which is impugned in this special appeal.

(3.) We have heard Shri Ran Vijay Singh, learned Standing Counsel and Shri R.K. Ojha learned Counsel for the respondent No. 1.