ASHOK BHUSHAN, J. - (1.) HEARD Counsel for the petitioner and learned Standing Counsel. Counter and rejoinder affidavits have been exchanged and with the consent of the parties the writ petition is being finally disposed of.
(2.) THIS writ petition has been filed praying for a writ of mandamus directing the respondents to grant automatic promotion to the petitioners in C.T. Grade after working and completion of five years in B.T.C. Grade from their respective initial appointments and to pay their salary with all consequential benefits with 12.5% interest. A further prayer has been made for a writ of mandamus of directing-the respondents that the petitioners No. 1 to 13 and 16 be given salary of L.T. Grade also treating their ten years' service over all satisfactory service after adding five years in C.T. Grade with all benefits. A writ of certiorari has also been claimed praying for quashing the impugned order dated 19.5.2000 Annexure-22 to the writ petition. The facts of the case as emerge from the pleadings of the parties are that Dwarika Prasad Girls Inter College, Allahabad is a recognised and aided institution. The institution is a girls institution running from Class I to Class XII. The primary section has been running with the institution as attached primary section. Initially the primary institution was not receiving any grant in aid from the State. The primary section was brought on grant in aid by Government Order dated 25.11.1985 2 petitioners were appointed as assistant teachers in B.T.C. Grade in Primary option from different dates. The details of the appointment of the petitioners including the date of appointment and mentioned in paragraph 4 of the writ petition. The details in paragraph 4 of the writ petition are extracted below : - qualification has been of appointment as given JUDGEMENT_23860_TLALL0_2001.htm
(3.) AFTER primary section was taken on grant in aid an order was passed by the District Inspector of Schools dated. 15.9.1986 by which the teachers working in the primary section with their date of appointments and pay scale were approved. All the petitioners were approved in pay scale of Rs. 365-555/- and the date of appointment as given in paragraph 4 of the writ petition quoted above, was also accepted as the date of appointments of the petitioners. The primary section was taken under the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 with effect from 1.12.1985. With effect from 1.12.1985 all the teachers and the other teachers of the primary section are receiving their salary from the State fund.;