NEETA JAMES Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare learned Senior Advocate assisted by Sri Siddharth Khare learned Advocate for the petitioners in the leading writ petition, Sri Utpal Chatterji learned Advocate for the petitioners in the connected Writ Petition Nos. 9223 of 2013 (Smt. Parveen Philip vs. State of U.P. Thru Principal Secretary & others) and 9228 of 2013 (Smt. Veena Menon vs. State of U.P. Thru. Principal Secretary & others), Sri T.K. Mishra learned Advocate for the petitioner in the connected Writ Petition Nos. 13433 of 2013 (Smt. Santosh Singh vs. State of U.P. Thru. Secy & others), Sri Shivam Yadav learned Advocate for the District Basic Education Officer, Meerut and Finance & Accounts Officer (Basic), office of the District Basic Education Officer, Meerut and learned Standing Counsel for the State respondent nos. 1 and 2.

(2.) The above noted five connected petitions have been filed against the common order dated 22.10.2012 passed by the Director of Education (Basic) U.P, Lucknow whereby the representations moved by the petitioners for payment of salary from the State Exchequer had been rejected on the ground that they did not fulfill the minimum eligibility qualification as per the U.P Recognized Basic School Recruitment (Junior High School) (Recruitment and Conditions of Services of Teachers) Rules, 1978 (In short termed as Rules, 1978 hereinafter).

(3.) The petitioners contend that they had been appointed as Assistant Teacher on 1.7.1989 (for petitioners Neeta James, Ms.Venna Menon and Smt Santosh Singh) and 11.11.1989 and 25.6.1989 (for remaining two petitioners Rubina Swami and Parveen Philip) in Church city Junior High School, Sadar Meerut. They claim to possess requisite eligibility qualification for appointment as Assistant Teacher in the aforesaid institution which is a recognized and aided Junior High School and is governed by the provisions of the U.P Basic Education Act, 1972 and the rules framed thereunder. The U.P Junior High School (Payment of Salary of Teachers and other employees) Act, 1978 is applicable to the said institution. The institution-in-question was brought on the grant-in-aid list with effect from 1988.