ABDUL KHALIQUE ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri A. P Tiwari and Sri O. P. Chaurasia learned Counsel appearing for the petitioner and Sri K. Shahi appearing for the respondent No. 6. Learned standing Counsel appearing for the respondents No. 1, 2 and 3. A counter- affidavit has been filed on behalf of respondent No. 6 to which rejoinder affidavit has also been filed by the petitioner.

(2.) LEARNED Counsel for the petitioner as well as learned Counsel appearing for the contesting respondent No. 6 submitted that it is not necessary to issue notice to the respondents No. 4 and 5 in view of the fact that they are not directly affected by the impugned order. Both the Counsels have prayed for final disposal of the writ petition.

(3.) LEARNED Counsel for the petitioner challenging the impugned order contended that although the petitioner's appointment was approved in J. T. C. grade by the District Inspector of Schools but the petitioner's appointment was made for teaching High School classes and the said appointment ought to have been approved from very beginning as appointment in L. T. grade. LEARNED Counsel for the petitioner submitted that the Principal of the Institution has given the certificate that the petitioner was teaching High School classes. LEARNED Counsel further contended that the petitioner was entitled for fixation of salary in L. T. grade in accordance with the Government order dated 12- 11-1955 and the petitioner represented for grant of L. T. grade in the said Government order but the petitioner was not granted the benefit of fixation of salary in L. T. grade and was given the said benefit only from 1-11-1973. The order passed by the District Inspector of Schools dated 1-8-2000 was justified by the learned Counsel. He further contended that the petitioner full fills the qualification of appointment of Assistant Teacher in Trained Graduate grade, he having passed diploma in I. G. D. Bombay. LEARNED Counsel submits that by the impugned order the Joint Director of Education illegally cancelled the fixation order dated 1-8-2000 and has directed for recovery of salary from the petitioner.