- (1.) The appellant was appointed on 4/7/1963 as Science teacher for the intermediate classes of the second respondent-Kisan Inter College, Bahraich in the State of Uttar Pradesh. After the summer vacation of 1964, he was reappointed to teach Science to the intermediate classes for the educational year 1964-65 by Respondent 2. In September 1964, the appellant was selected for the Postgraduate Condensed Diploma Course in Physics being conducted by the Lucknow University. Thereupon the appellant was permitted to attend the diploma course on paid leave by Respondent 2; and an agreement was entered into between the appellant and the management of Respondent 2-College dated 18-10-1964 under which it was agreed that after the appellant obtains the diploma he shall serve Respondent 2-College for a period of two years at the salary of Rs 175. 00 p. m. in the scale of Rs 175-350 plus DA (which is the scale of a Lecturer). An obligation was also imposed upon the appellant to serve the said College for a period of two years after his completing the diploma course. During the period when the appellant was attending the diploma course, he continued to receive salary from Respondent 2.
(2.) After completing the diploma course in May 1965, the appellant resumed as a teacher in Respondent 2's College for teaching Physics to intermediate classes. On 15/5/1965, the result of the diploma course was announced declaring the appellant as having passed the diploma course. With effect from 1/7/1965, the appellant was appointed as a Lecturer to teach Physics in Respondent 2's College. Respondent 2 applied to thedistrict Inspector of Schools by the letter of 15/12/1965 for approval of the appointment of the appellant as a Lecturer in Physics on the pay scale of a Lecturer. The said letter refers to the fact that the appellant was deputed to the Lucknow University by the said College for the Educational Session 1964-65 to pass the diploma course in Physics. Having passed the diploma course, he continued in the service of Respondent 2-College. Accordingly, at a meeting of the Management Committee of Respondent 2 held on 2/12/1965, he was appointed to teach Physics at the College on a pay of Rs 175. 00 per month. The District Inspector of Schools, by his letter dated 13/1/1966, pointed out to Respondent 2 that after the U. P. Intermediate Education (Amendment) Act, 1958, a certain procedure is required to be followed while making the appointment of teachers. This had not been done in the case of the appellant. Hence the College should follow the procedure and then submit his case for approval. Accordingly on 14/2/1966, the Manager of Respondent 2-College wrote a letter to the District Inspector of Schools staling that the post was advertised in order to regularise the appointment of the appellant; and pursuant to the advertisement, since the only candidate was the appellant, he was selected and appointed. The College requested that his appointment should be approved from 1/7/1965. The District Inspector of Schools by his letter dated 22/2/1966 stated, ". . I have to approve the appointment of Keshav Ram Agnihotri, as Science teacher in the approved scale as prescribed by the Department. "
(3.) In this connection, the appellant has also relied upon a GO No. AI/6302/xv-1606 (25/1963 dated 13/1/1966 whereunder the governor was pleased to. order that the Science teachers of the inter classes of non- government Aided Higher Secondary Schools, who were B. Sc. , LT and had passed the Postgraduate Condensed Diploma Course, may be allowed the Lecturer's scale of Rs 175-10-215-EB-15-330 with effect from the date they were appointed to teach Science to the intermediate classes. This order was made applicable to the teachers who had passed the Condensed Diploma Course in the year 1964-65 or subsequently. It was, therefore, applicable to the appellant. There is also a subsequent modification of the said order which modification is dated 19-4-1966. It sets out that Science teachers who are B. Sc. whether trained or untrained, and have passed the Postgraduate Condensed Diploma Course may be allowed Lecturer's scale. The appellant was thus eligible for Lecturer's scale w. e. f. 1/7/1965. Respondent 2 had also asked for approval of his appointment in the Lecturer's scale with effect from 1/7/1965 which approval was granted on 22/2/1966. He was since continued as a Lecturer in Physics in the said school. Respondent 3 was appointed as a Lecturer in Biology on 9/7/1965. The approval of his appointment has been granted by the District Inspector of Schools on 17/8/19655.;