SAROJ TOMAR Vs. DISTRICT INSPECTOR OF SCHOOLS, ETAWAH

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 2.12.1987 passed by the District Inspector of Schools Etawah whereby the claim of the petitioner for payment of salary in L.T. Grade, was refused. I have heard Shri R.K. Jain, learned counsel for the petitioner and the learned Standing Counsel on behalf of respondents.

(2.) THE petitioner was appointed as Assistant Teacher in C.T. Grade in Swami Vivekanand Janta Vidyalaya, Ariyari, Aghara, district Etawah (in short referred to as the institution). The institution is a recognised institution under the provisions of U.P. Intermediate Education Act, 1921, which also come in Grant -in -aid list of the State Government. The institution is imparting education to the students up to classes of High School.

(3.) THE petitioner was appointed as Assistant Teacher in the institution on 14.4.1975. The Government had issued an order dated 3.11.1974 whereby the Home Science Teachers teaching High School Classes were given parity in the pay scales with the teachers of Government Schools and Colleges. The petitioner put forward her claim before the District Inspector of Schools to pay her salary admissible to a L.T. Grade Teacher. The District Inspector of Schools, by impugned order dated 2.12.1987 rejected the claim of the petitioner on the ground that the parity has been given in respect of those teachers who had been appointed prior to 1st November, 1973. As the petitioner was appointed after 1st November, 1973, she is not entitled to claim parity in the payment of salary with those employees who are working in the Government Colleges. Secondly, as the post of L.T. Grade Teacher in the Institution was not created hence the petitioner was not entitled for payment of salary in L.T. Grade. A copy of the Government Order dated 2.10.1974 has been annexed as Annexure 3 to the writ petition. This Government Order itself does not indicate that only such teachers are entitled for payment of salary at par with Government Teachers, who have been appointed prior to the year 1973. However, these matter can be re -examined by the District Inspector of Schools.