JAI PRAKASH SHARMA Vs. STATE OF U. P. AND OTHERS
LAWS(ALL)-2010-3-189
HIGH COURT OF ALLAHABAD
Decided on March 26,2010

JAI PRAKASH SHARMA Appellant
VERSUS
STATE OF U. P. Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the petitioner and the learned standing counsel for the respondents.
(2.) The petitioner voluntarily sought appointment as a Teacher in a Primary School managed by the Uttar Pradesh Basic Shiksha Parishad and governed by the provisions of the Uttar Pradesh Basic School (Teachers Employment and Service) Rules, 1975. The petitioner contends that prior to his joining as a teacher in a Primary School under the Parishad, he has been working as a teacher in a recognized and aided Junior High School where he was getting higher salary.
(3.) In the present writ petition the submission made is that the petitioner has joined the service under protest with regard to a higher claim of salary. The letter of appointment issued to the petitioner does not indicate that his appointment was made under any protest for a higher pay scale. The advertisement under which the selection has been made is directly governed by the 1975 Rules aforesaid. The payment of salary to a teacher is defined in Rule 10 where it is categorically stated that a teacher so appointed w.e.f. 1st of July, 1975 onwards shall get the same pay scale together with the D.A. which is being given to the other teachers having similar qualifications and enjoying a similar status of post.;


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