VINEETA TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Counsel.

(2.) By means of the present petition, the petitioner has prayed for quashing the order dated 16.2.2017, a copy of which is Annexure-8 to the writ petition, as well as the order dated 5.6.2017, a copy of which is Annexure-10 to the writ petition, passed by the respondent No.3 by which the petitioner was provided selection grade with effect from 22.3.2016 in place of 6.10.2008.

(3.) From the facts as set forth in the petition, it comes out that the petitioner was appointed on 24.8.1998 as Assistant Teacher (Trained Graduate Grade) ad-hoc basis. The services of the petitioner were regularised vide order dated 22.9.2016, a copy of which is Annexure-4 to the writ petition, with effect from 22.3.2016. A Government Order dated 20.12.2001, a copy of which is Annexure-6 to the writ petition, was issued for grant of selection grade. So far as the present controversy is concerned, the claim of the petitioner is said to be covered by Clause (Kha)(1) of the said Government Order which provides for grant of selection grade after completion of 10 years of satisfactory service. Following the said Government Order dated 20.12.2001, the petitioner had been granted selection grade with effect from 6.10.2008 vide order dated 16.12.2016, a copy of which is Annexure-5 to the writ petition. Subsequent thereto, through the order dated 16.2.2017, a copy of which is Annexure-8 to the writ petition, the aforesaid order dated 16.12.2016 was withdrawn to the extent that that the petitioner was held entitled for selection grade with effect from 22.3.2016 i.e. the date of regularisation of his services. When the petitioner represented against the said order, his claim was turned down by the respondent No.3 vide order dated 5.6.2017, a copy of which is Annexure-10 to the writ petition, indicating that the order dated 16.2.2017 is in accordance with the rules and that the petitioner is not entitled to selection grade prior to the date of his regularisation i.e. 22.3.2016. Being aggrieved with both the orders i.e. the orders dated 16.2.2017 and 5.6.2017, the present petition has been filed.