Smt. Vimla Devi Bisht and Another vs State of Uttaranchal and Others

Rajesh Tandon, J.—By the present writ petition the petitioner has prayed for a writ in the nature of mandamus to pay the salary to the petitioner No. 1 in C. T. Grade with effect from 12.1.1987 and in L.T. grade with effect from 12.1.1992 and to the petitioner No. 2 in C.T. grade with effect from 18.1.1987 and in L.T. grade with effect from 18.1.1992.

Briefly stated the facts giving rise to the present writ petition are that the petitioners were initially appointed as Assistant Teachers in B.T.C. grade in the Bhawani Balika Inter College, Ballupur, Dehradun. The petitioner No. 1 was appointed on 12.1.1982 and petitioner No. 2 was appointed on 18.1.1982. The petitioners have submitted that after completing five years of service they were entitled for promotion in the C.T. grade as per Regulation 7 (2) of Chapter 2 of U.P. Intermediate Education Act. The petitioners were qualified teachers and they were entitled to be promoted in C.T. grade after completing five years service and further in L.T. grade after completing satisfactory service of 10 years. The petitioners have submitted that they made representations before the authorities concerned on 26.11 .2002 but no heed was paid to their request, hence the petition.

Counter-affidavit has been filed by the respondent No. 4. It has been submitted on behalf of the respondent No. 4 that Bhawani Girls Inter College, Dehradun is providing educational facility from Primary section upto Intermediate but the primary section is not governed by U.P. Intermediate Education Act, while same is under the provision of U.P. Basic Education Act, and as such the provision of Section 16 which relates to promotion/appointment of the Teachers in the Intermediate section are not applicable. The respondent No. 4 has further submitted that the teacher appointed in B.T.C. pay scale are not entitled for the promotion to the post of Assistant Teacher, L.T. grade in Intermediate section.

Regulation 7 (2) of Chapter 2 of the U.P. Intermediate Education Act, provides for promotion of a teacher of J.T.C./B.T.C. grade in C.T. grade, which reads as under :

"(2) Where in an institution any teacher working in the J.T.C./B.T.C. Grade has passed intermediate or an equivalent, examination or is a trained graduate and has completed five years service in that grade he shall be promoted in the C.T. grade by the Committee of Management [and information of such promotion shall be immediately conveyed to the inspector]"

C. T. Grade was declared to be a dying cadre vide G.O. No. 3299 dated 11.8.1999 published on 19.10.1999, which reads as under :

''kklukns''k la[;k 3299@15-7@89&1 �136� 89 f''k{kk vuqHkkx&7 fnukad 11 vxLr 89 }kjk lh�Vh� xzsM dks Mkbax dSMj ?kksf"kr dj fn;k x;k gS A bl izdkj v''kkldh; lgk;rk izkIr mPprj ek/;fed fo|ky;ksa esa lh�Vh� xzsM dk dksbZ in l`ftr ugha fd;k v/;kid dh fu;qfDr dh tk;sxh ''kklukns''k la[;k cs� vk� 2&1239@bl&ch�@89 fc� os� vk� vuqHkkx fnukad twu 2] 1989 ds fcUnq 9 ds vuqlkj ek/;fed fo|ky;ksa ds lh�Vh� xzsM ds ,sls v/;kid tks izf''kf{kr L=krd mikf/k ds lkFk ,y� Vh� ,M� gks rFkk muds }kjk 10 o"kZ dh larks"ktud lsok iwjh dh tk pqdh gks mUgsa ,y� Vh� xzsM fn;k tk;sxk rFkk mudk osru fu/kkZj.k mijksDr izf�;k ds vuqlkj ,y� Vh� xzsM esa fd;k tk;sxk A ,y� Vh� xzsM ds f''k{kd osru fu/kkZj.k dh frfFk dks pkgs lk/kkj.k osrueku esa dk;Zjr jgsa gks ;k lsys{ku xszM esa] mudk osru fu/kkZj.k ,y� Vh� xzsM ds lk/kkj.k osrueku esa fd;k tk;sxk A

The said G.O. was amended subsequently on 30.11.1992/ 2.11.1999 and the amended paragraph 12 reads as under :

''kklukns''k la[;k 3299@15-7@8951 �139�89 f''k{kk vuqHkkx&7 fnukad 11 vxLr 89 }kjk lh� Vh� xzsM dks Mkbax dSMj ?kksf"kr dj fn;k x;k gS A bl izdkj v''kkldh; lgk;rk izkIr mPprj ek/;fed fo|ky;ksa ds lh� Vh� xzsM ds ,sls v/;kid tks izf"kf{kr Lukrd �L=krd mikf/k ds lkFk ,y� Vh�@Ckh� ,M� vFkok lh� Vh� xzsM esa izf''kf{kr Lukrd ftUgksaus bl osru�e esa ik�p o"kZ dh lsok iw.kZ dj yh gks � rFkk muds }kjk 10 o"kZ dh lark{ktud lsok iwjh dh tk pqdh gks mUgsa ,y� Vh� xzsM fn;k tk;sxk rFkk mudk osru fu/kkzj.k mijksDr izf�;k ds vuqlkj ,y� Vh� xzsM esa fd;k tk;sxk A ,y� Vh� xzsM esa tkus okys ,sls lh� Vh� xzsM ds f''k{kd osru fu/kkZj.k dh frfFk dks pkgs lk/kkj.k osrueku esa dk;Zjr jgsa gks ;k lsys{ku xzsM esa] mudk osru fu/kkZj.k ,y� Vh� xzsM ds lk/kkj.k osrueku esa fd;k tk;sxk A

As will appear from the above Government orders that C.T. grade was declared dying cadre and those teachers who have already completed five years service in C.T. grade and 10 years satisfactory service as teacher and has possessed requisite qualifications. The petitioners have submitted that both the petitioners have requisite qualifications and petitioner No. 1 is entitled to get C.T. grade w.e.f. 12.1.1987 and petitioner No. 2 is entitled to get C.T. grade w.e.f. 18.1.1987 and subsequently L.T. grade after completing 10 years service w.e.f. 12.1.1992 and 18.1.1992 respectively.

The learned Counsel for the petitioners relied upon the judgment in the case Smt. Aruna Ghosh v. State of U. P. and Ors. 1996 (3) AWC 1525 : 1995 (2) U 763 PLBEC . In this case it has been observed that C.T. grade teacher would be entitled to L.T. grade if he has completed 5 years service in C.T. grade. The observation is quoted below :

"It is evident that a C.T. grade teacher would be entitled to get L.T. grade if he has completed 5 years service in C.T. grade and 10 years satisfactory service as a teacher and is possessed of the requisite training and other academic qualifications. The petitioner has certainly completed 5 years of service in C.T. grade but the question whether 10 years of his over all tenure as a teacher during last 10 years had been satisfactory, he would be entitled to L.T. grade."

The counsel for the petitioners also referred the case Santosh Kumar Singh v. District Inspector of Schools, Meerut 1996 (2) U 1166 PLBEC wherein it has been observed as under:

"In the counter-affidavit filed on behalf of the District Inspector of Schools it is stated in para 6 that only those C.T. grade teachers who have completed -five years will be promoted as L.T. grade teacher who are found to be suitable. In my opinion this is a wrong interpretation of the Government order dated 3.6.1989. The C. T. grade is now a dying cadre and those who have completed 5 years in C.T. grade automatically become L.T. grade teachers and, there is no question of considering their suitability. Since the petitioner was appointed as C.T. grade teacher on 1.12.1984 he completed five years on the post on 1.12.1989 he is entitled to be promoted on L.T. grade respectively from 1.12.1989."

Admittedly C.T. grade has already been declared a dying cadre and, therefore, there is no occasion to direct the respondents to consider the petitioners for promotion in C.T. grade. Further promotional avenue of the petitioners is in L.T. grade if they completed 10 years of satisfactory service and they possess requisite qualification.

The learned standing counsel for Uttaranchal State has submitted that the liability of Uttaranchal State to pay arrears of pay to the petitioners is limited only after 9.11.2000, i.e., after creation of State of Uttaranchal. There is no dispute that if the petitioners are granted promotional pay scale from before the date of 9.11.2000, State of U. P. shall be liable to pay the arrears of the same.

The writ petition is, therefore, allowed and the respondents are directed to consider the case of the petitioners for their promotion in L.T. grade, in the light of the observations made above, within six weeks from the date of receipt of the certified copy of this order.

There will be no order as to costs.