ARJUN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J. The Institution was ini tially up to Class X having 20 sections. By the subsequent sanction it was up- graded to Intermediate College and Classes XI and XII were permitted to be opened. From time to time the number of sections whereof were increased and ultimately by successive order the number of Sections have been increased from 20 to 26. It is stated in para graph No. 9 that there is only one teacher in Hindi and in all there are 8 Sections in the of Intermediate Section. The petitioner urges that he is teaching in Intermediate Section since 1986 as Lecturer and has been teach ing the subject alone, therefore, he is en titled to promotion to the post of lecturer from the post of L. T. Grade teacher being his substantive post. Despite his repre sentation he has not beers granted promotion neither he has been given the scale of Lecturer.

(2.) SHRI S. P. Pandey, learned counsel for the petitioner relying on the definition of 'teacher' in clause (e) of Section 2 of the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 contended that even a person who is employed in fulfillment of the conditions of recognition of the institu tion or its recognition in a new subject or for a higher class or as a result of the opening with the approval of the Inspector of a new Section in an existing class comes within the category 'teacher'. By reason of said defini tion the Management of the Institution directed the petitioner to teach in Higher Secondary Section. Therefore, a post having been created and petitioner being eligible, he is entitled to promotion and to all conse quential benefits thereof.

(3.) WHEN sanction is given for opening a new class or subject it is implied that a post is created by reasons of recognition new subject or new section. If no such post is created then the recognition should be meaningless. The very definition of "teacher" defined in Section 2 (e) which in cludes a person employed in fulfillment of such grant of recognition clearly indicates such an interpretation. Thus, a person employed in fulfillment of the condition for recognition entitles him to receive salary by reason of the definition of teacher. The con dition that the school has to bear the expen ses does not include the salary of a teacher. It relates to the expenses other than the salary of the teacher viz. provision for class room, furniture and other necessary expen ses required to open and continue with the class in new subject or Section. Inasmuch as the said condition cannot override the ex press provision of law. At the same time the said condition is an executive direction which in no manner can supersede the legal provision. Therefore, I am unable to accept the contention of Mr. Yadav that the pay ment of salary is also to be borne by the Institution itself.