R.B.Misra, J. - (1.) In this writ petition, the petitioner has prayed for quashing the order dated 21.10.1995 passed by the Deputy Director of Education (Annexure-7) with further direction to the respondents to fix the salary of the petitioner in the lecturer's grade. Heard Sri Ashok Khare, learned senior counsel for the petitioner and learned standing counsel for the respondents.
(2.) Brief facts necessary for adjudication of the writ petition are that the petitioner is B.Sc. (Physics, Chemistry, Mathematics) was appointed as a demonstrator in science subject to teach intermediate classes by an order dated 13.8.1962, and has been continuing as such. The petitioner obtained post graduate condense diploma certificate (Annexure-2) (Physics) with grade-A in the year 1970 from Agra University. The State Government issued a Government order on 19.4.1966 providing that science teacher of intermediate classes who have passed post graduate condense diploma course should be placed in the lecturer's pay scale from the year 1964-65 or the year when they have obtained the diploma course (Annexure-3). On the strength of such certificate, the petitioner claimed lecturer grade but no heed was given to the request of the petitioner, therefore, the petitioner filed a Writ Petition No. 6948 of 1995, this Court on 21.3.1995 directed the respondents to dispose of the representation of the petitioner.
(3.) In compliance to the above order, the representation dated 28.3.1995 was rejected by the Deputy Director of Education by its order dated 21.10.1995 (Annexure-7) on the ground that in reference to the Government order dated 19.4.1966, the petitioner had not made his claim at the relevant time and such system was prevalent when trained science graduates were not reachily available and the Intermediate Education Service 'Commission' had not come into existence and after creation of this Commission by a circular dated 9.6.1995, a restriction has been made to appoint the persons on the post under purview of the Commission, in these circumstances, the benefit of lecturer grade was refused to the petitioner. On the other hand, teamed counsel for the petitioner has contended that the petitioner's claim persisted since inception of G.O. dated 19.4.1966 and creation of Commission has no correlation to the claim of the petitioner, therefore, benefit of lecturer grade cannot be stopped under Government order.;