ACHLA GUPTA Vs. MANJU SAXENA

JUDGEMENT

(1.) This Intra court appeal has been preferred against the judgment and order dated 23,3.2004 of the learned Single Judge in Writ Petition No. 24974 of 2002 whereby the writ petition was allowed and the order of the Regional Director of Education, Agra dated 11.6.2002 granting approval to the promotion of the appellant on the post of Lecturer (History) and at the same time rejecting the claim of the respondent No. 1 for the same post.

(2.) There is an institution by the name of Jay Harris Girls Inter College, Agra which is on the grant-in-aid list of the State Government and is governed by the provision of the U.P. Intermediate Education Act, 1921, the Rules and Regulations framed therein, as also the provision of U.P. Secondary Education Service Selection Board Act, 1982 and also the Rules framed thereunder. The appellant was appointed as L.T. Grade teacher in the institution on 18.11.1976 and since then she is continuing in the institution. The appellant is a trained graduate in Home Science and was teaching Home Science in the institution upto the High School classes. Pursuant to a Government Order dated 28.2.1990 which provided that where L.T. Grade teachers in particular subjects like Wood Craft, Art, Drawing and Home Science etc., have successfully completed 10 years of satisfactory service in L.T. Grade, were to be given the lecturer's grade (pay- scale) , the appellant was given the lecturer's grade w.e.f. 1.7.1990. Thereafter, she started taking Intermediate classes in the subject of Home Science.

(3.) In continuation of Government Order dated 28.2.1990, State Government issued another order dated 25.10.2000 which provided that teachers who were teaching Intermediate classes for the last 10 years and were getting the scale/grade of lecturer, would be given the designation of lecturer also, provided they possess a post graduate degree in addition to the eligibility for appointment as Lecturer. The claim of the appellant for the lecturer's designation under the aforesaid Government Order dated 25.10.2000 was not accepted by the Assistant Director of Education vide order dated 15.2.2001 on the ground that the appellant did not have post graduate degree in the subject of Home Science, but possessed post graduate degree in the subject of History and was, therefore, eligible to be considered only for promotion as Lecturer in History.