Hon'ble Sudhir Agarwal - (1.) THE three petitioners, Smt. Shail Kapoor, Smt. Usha Mehrotra and Kiran Tandon claim arrears of C.T. Grade, absorption in L.T Grade due to declaration of C.T. Grade a dying cadre and assignment of seniority in L.T. Grade in accordance with relevant Government orders issued from time to time. THEir representation and claim has been rejected by District Inspector of Schools, Allahabad (hereinafter referred to as the "DIOS") vide impugned order dated 12.8.2008 (Annexure-14 to the writ petition), hence this writ petition under Article 226 of the Constitution of India.
(2.) THE petitioners have sought for issuance of a writ of certiorari quashing the order dated 12.8.2008 and a writ of mandamus directing the respondents to grant the aforesaid relief which has been declined by DIOS. The facts, in brief, giving rise to the present dispute may be placed, in brief, as under : Shiv Charan Das Kanhaiya Lal Intermediate College, Attarsuiya, Allahabad (hereinafter referred to as the "College") is an educational institution imparting education upto Intermediate and is recognised by Board of High Schools and Intermediate, U.P., Allahabad under the provisions of UP. Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921"). It is an aided institution. Admittedly, the College is governed by provisions of Act, 1921, U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other employees) Act, 1971 (hereinafter referred to as the "Act, 1971) and U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the "Act, 1982"). The petitioners were appointed as Assistant Teacher (BTC) in primary Section attached with the College on 8.7.1975, 8.7.1974 and 9.7.1986 respectively. The qualifications possessed by petitioners are M.A. B.Ed., M.A. B.T.C. and M.A. L.T. respectively. The College had ten sanctioned post of Assistant Teacher L.T. Grade and 10 of Assistant Teacher C.T. Grade. Adispute arose about entitlement of petitioners for grant of C.T. Grade and became subject matter of challenge in Writ Petition No. 34210 of 1995. A Single Judge decided the writ petition vide judgment dated 17.9.1997 holding as under: "The petitioners are entitled to C.T. Grade by virtue of Regulation 7(2) on completion of five years of service. In this manner, petitioners 1, 2 and 3 had completed their five years of service, in B.T.C. Grade prior to the government order dated 19-8-1992 consequently they are entitled to C.T. Grade under Regulation 7(2) aforesaid. The writ petition is finally disposed of with the direction that petitioner Nos. 1 to 3 viz. Smt. Shail Kapoor, Smt. Usha Mehrotra, and Km. Kiran Tandon are entitled to C.T. Grade under regulation 7(2) Chapter II of the Regulation framed under the U.P. Intermediate Act, 1991 on completion of their five years of service to be reckoned from the date of their respective appointment. The respondents are commended to pay the salary to the aforesaid three petitioners with arrears as admissible to C.T. Grade teachers."
(3.) THE matter was taken in intra-Court appeal vide Special Appeal No. 475 of 1999. THE Division Bench decided the matter vide judgment dated 4.8.1999 confirming the judgment of Hon'ble Single Judge and held as under: "So far as order of the learned Single Judge which is under challenge in appeal is concerned we find there is no illegality in the same. THE respondents are entitled to C.T Grade under Regulation 7(2) chapter-ll of the Regulation framed under the U.P. Intermediate Education Act, 1921. Though the said Regulation 7(2) was omitted by order dated 19th August, 1992 it was held in the case of Smt. Arna Ghosh v. State of UP. and others, (1995) 2 UPLBEC 763 that the government order dated 19.8.1992 omitting Regulation 7(2) of the Regulations, chapter II framed under the UP. Intermediate Education Act, 1921 will not effect the right already acquired as it had no retrospective operation. Admittedly respondents 1, 2 and 3 had completed their five years of service in B.T.C. Grade prior to the government order dated 19.8.1992 and as such the learned Single Judge has rightly held that they are entitled to C.T. Grade under Regulation 7(2). Accordingly, the special appeal is dismissed without any order as to costs. The matter was taken up further before Apex Court in Civil Appeal No. 5989 of 2000. The Court vide judgment dated 30.3.2006 dismissed the appeal qua the present petitioners but left the question of law, if any, open. The judgment of Apex Court reads as under: "When this matter was called, on learned counsel appearing on behalf of the petitioners produced a copy of the circular letter dated 24.5.2004, wherein the following directions have been issued: "2. As stated above, the salary of all the teachers of C.T. Category working in Non-Government aided Higher Secondary Schools who have been merged in the L.T Category, will be determined in general grade in accordance with the directions given under financial Rules Vol-ll part-2 of Original Rule-22 of the Rules determining the salary. These teachers will have a right to opt for the same under Rule 23(1). 3. All the other conditions and prohibitions regarding the merger of teachers of C.T. Grade into L.T. Grade working in Non Government Aided Higher Secondary Schools mentioned in all the earlier Government Orders and notification No. UO-83/15-7-97-3073/96 dated 18.12.1997 issued by the Education Division-7 will remain the same. 4. Above order is being issued in accordance with the approval granted in letter No. Non Government No. UO-PC-2 496-10-2004 dated 22.5.2004 of Division 2 of the Finance (Pay commission). In this view of the matter, we are of the opinion that the present appeal does not survive as against the respondents. However, having regard to the statements made at the Bar by Mr. Qadri, learned counsel appearing for the state, that several writ petitions, invoking similar question, are pending before the Allahabad High Court. We may observe that the question of law, if any, shall remain open. The appeal is dismissed with the aforesaid observations.";