RAM SWAROOP Vs. STATE OF U P

JUDGEMENT

(1.) S. Rafat Alam, J. By means of this writ petition the petitioner seeks quashing of the order dated 12th October, 1994 passed by the District Inspector of Schools, Bareilly whereby the proposal of the Committee of Management dated 1-4-1994 promoting the petitioner from C. T. to L. T. Grade teacher has been rejected. Prayer has also been made to make payment of salary of L. T. Grade teacher alongwith the arrears.

(2.) THE controversy involved in the present writ petition centre rounds as to whether for promotion of a teacher from Cr T. Grade to L. T. Grade of Lecturer, five years of continuous service in substantive capacity as teacher is the necessary requirement in view of the provisions contained in Rule 9 of the Uttar Pradesh Secondary Education Services Commission Rules of 1983, (for short Rules) framed under Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982, (for short Act of 1982 ).

(3.) IT appears that substantive vacancy of C. T. Grade teacher arose in Rashtriya Krishi Awam Udyog Inter College, Sirauhi in the district of Bareilly, (for short Institution ). The District Inspector of School1-, Bareilly in accordance with the provisions of Section 10 of the Act and the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, (for short First Order)! made selection and recom mended the name of the petitioner alongwith others by its order dated 28-12- 1995, contained In Annexure-1 to the writ petition, to the Managing Committee of the Institution to appoint him as C. T. Grade teacher. The Managing Committee issued the letter of appointment dated 6- 1-1996 (Annexure-2) appointing the petitioner as ad hoc C. T. Grade teacher against substantive vacancy pursuant to which the petitioner joined the post on 15-1-1986 and since then he is continuously working as Assistant Teacher in C. T. Grade. Thereafter, Sections 33-A (a-B) was enacted by Act of 1991 providing absorption of the ad hoc teachers directly appointed during the period after 12th June, 1985 and before May 13, 1989 in a substantive capacity.