AMBIKA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HON'ble Petitioners assert that they were appointed as C.T. Grade teacher on 23.03.1981 in Goswami Tulsi Das Krishak Inter College Koraon, Allahabad (para 6 of the writ petition). Petitioners claim that after completion of 5 years service i.e. w.e.f. 23.03.1986 they should have been promoted to the post of L.T. Grade teachers, (or granted L.T. Grade) hence they must be paid salary of L.T. Grade teacher w.e.f. 23.03.1986. However, petitioners were actually promoted to/granted L.T. Grade w.e.f. 23.03.1991 i.e. after 10 years of their joining as C.T. Grade teachers. L.T. Grade was granted to the petitioners through order of D.I.O.S. dated 01.03.1993 and 26.06.1993 (Annexure 6 and 7 to the writ petition). Thereafter, petitioners filed writ petition and special appeal which were disposed of with the direction to the D.I.O.S. to decide the representation. Through order dated 28.02.2004 (Annexure 16 to the writ petition) the representation has been decided against the petitioners. The said order has been challenged through this writ petition. Through G.O. dated 03.06.1989 provision of grant of L.T. Grade to C.T. Grade teacher was made. The said G.O. was explained by G.O. dated 19.10.1989. These G.Os. were clarified by Director of Education through circular dated 02.12.1989. These two Government Orders and the circular have been considered in various authorities of this Court including the following: Sm.t Aruna Ghosh Vs. State of U.P. 1995(3)ESC 92 = 1995(2) U.P.L.B.E.C. 763 Smt. Shakuntala Tripathi Vs.D.D.E. 1995 AWC 893 Ansal Lal Jha Vs. D.I.O.S. Badaun 2006(3) A.L.J.285 Samapika Chatterji Vs. State of U.P. 2006 (63) ALR 588 In the above authorities it has been held that for grant of L.T. Grade 10 years service is essential. However, out of this 10 years service, 5 years must necessarily be in C.T. Grade and rest 5 years or part thereof may be in JTC/BTC Grade. In the instance case both the petitioners were directly appointed as C.T. Grade teacher on 23.03.1981. Before the said date none of the petitioners worked in JTC or BTC grade. Accordingly, until completion of 10 years service from 23.3.1981 the L.T. Grade could not be granted to the petitioners. W.e.f. 23.3.1991, the said grade has been granted to the petitioners. Petitioners are not entitled to grant of L.T. Grade prior to 23.3.1991. There is no question of grant of L.T. Grade to the petitioners w.e.f. 23.03.1986 i.e. on competition of 5 years service. Similar view has been taken in Madan Gopal and Ors. Vs. D.I.O.S. (writ petition no.18230 of 1996) decided on 14.08.1996. The authority of Santosh Kumar Singh Vs. D.I.O.S. reported in 1995(3) E.S.C. 21 and cited by learned counsel for petitioners has not taken into consideration the G.Os. Dated 19.10.1989 and 02.12.1989 and the other authorities decided earlier. The case of Aruna Ghosh was decided on 08.02.1995. However, in the case of Santosh Kumar Singh decided on 18.07.1995 the said authority was not considered. Accordingly, there is no merit in the writ petition, hence it is dismissed.