MUNNI PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner was appointed as Assistant Teacher in B.T.C. grade pay scale in Higher Secondary School, Sirsa District, Allahabad. Thereafter Regional Inspectress of Girls School, Allahabad issued a letter on 11.6.1982 (Annexure-1 to the writ petition) directing that petitioner should be promoted to C.T. grade w.e.f. 1.1.1979. Thereafter District Inspector of Schools passed an order on 30.1.1990 (Annexure-2 to the writ petition) directing grant of L.T. grade to the petitioner w.e.f. 1.1.1986 i.e. after completion of 5 years from the date on which petitioner was granted C.T. Grade. D.I.O.S. passed another order on 24.6.2006 (Annexure-4 to the writ petition) directing that salary in L.T. grade should be paid to the petitioner from 1.1.89 and not w.e.f. 1.1.86. In the said order it was also directed that excess amount paid to the petitioner shall be recovered from her. Against the said order petitioner earlier also filed a writ petition which was disposed of with the direction that D.I.O.S. shall pass fresh order after hearing the petitioner. Thereafter D.I.O.S. again passed order against the petitioner on 19.12.2006 which has been challenged through this writ petition. Through the Government Order dated 3.6.1989 C.T. grade was declared to be a dying cadre. The said G.O. was supplemented by subsequent G.O. dated 19.10.1989. Director of Education also issued a circular on 2.12.1989 explaining the said G.Os. Interpreting the said G.Os and the circular in the following cases it has been held that L.T. grade is admissible to a teacher if he has completed 5 years in C.T. grade and 5 years in J.T.C./B.T.C. Grade. It has further been clarified that for grant of L.T. grade 10 years service is essential but it is not essential that the entire 10 years service must be in C.T. grade. What is necessary is that minimum 5 years service must be in C.T. Grade and remaining 5 years may be in J.T.C./B.T.C. grade vide: - Smt. 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 A.W.C. 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 Writ petition is accordingly allowed. Impugned order is set aside. Order dated 30/31 January, 1990 (Annexure-2 to the writ petition) is restored and it is held that petitioner is entitled to C.T. grade w.e.f. 1.1.1986.