ANSAN LAL JHA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri Ramendra Asthana, learned Counsel for the petitioner and Sri I.S. Singh, learned Standing Counsel. Counter and rejoinder affidavits have been exchanged and with the consent of the parties the writ petition is being finally disposed of.

(2.) By this writ petition, the petitioner has prayed for quashing the orders dated 9th January, 1999 and 14th June, 2000 passed by District Inspector of Schools, Budaun. It is also prayed that a writ of mandamus be issued directing the respondents to pay salary to the petitioner in the revised pay scale in L.T. Grade with effect from 1.1.1.996 and to pay the arrears of salary and other emoluments since 1.1.1996.

(3.) Brief facts necessary for disposing of the writ petition are the petitioner was appointed in JTC Grade in Hari Babu Janta Inter College, Gawan, District Budaun with effect from 18th September, 1973. The institution is a recognised institution under the U.P. Intermediate Education Act, 1921 and is also receiving grant-in and under the U.P. High School and Intermediate College (Payment of Salary to teachers and other Employees) Act, 1971. The petitioner was promoted in C.T. Grade with effect from 18.9.1978. The qualification of the petitioner is M.A., B.T.C., with effect from 1.1.1986 the petitioner was given L.T. Grade In accordance with the Government order dated 3rd June, 1989 which grant was also approved by District inspector of Schools vide order dated 29th December, 1989. The petitioner was also given the selection grade of L.T. Grade with effect from 1.1.1996 which was also approved by District Inspector of Schools on 26th June, 1998. By a subsequent order dated 9th January, 1999 the fixation of the petitioner's pay from 1.1.1996 was modified With the order that L.T. Grade pay scale be given after completion of 10 years service in C.T. Grade. The petitioner submitted a representation to the District inspector of Schools challenging the pay fixation and also filed a writ petition being Writ Petition No. 53737 of 1999 which was disposed of by this Court vide its order dated 9th February, 2000 directing the District Inspector of Schools to decide the representation of the petitioner. The District Inspector of Schools vide his order dated 14th June, 2000 has rejected the representation of the petitioner holding that petitioner was entitled for L.T. Grade after completion of 10 years service in C.T. Grade. Reliance has been placed in the impugned order on the amendments made in Regulation 6(1) on 10.9.1997 as well as on Section 33-D as inserted in U.P. Secondary Education (Services Selection Boards) (Amendment) Act, 1998. The order passed by District Inspector of Schools rejecting the representation of the petitioner has been challenged in this writ petition. A counter affidavit has been filed by the State stating that the petitioner according to the Government order dated 4th October, 1989 was entitled for grant of LT, Grade after 10 years of satisfactory service in C.T. Grade. It was also stated that petitioner having been appointed in C.T. Grade on 18.9.197S, he was entitled to L.T. Grade with effect from 18.9.1938. The order passed by District Inspector of Schools that petitioner was entitled for LT, Grade after completion of 10 years service in C.T. Grade has been justified. Reliance has also been placed on Government Orders dated 9.1.1992 and 30th February, 1999.