ANJANI KUMAR, J. - (1.) THESE three writ petitions, two filed by Rajendra Prasad Katiyar and one filed by Hari Nam Singh, relate to the same factual and legal controversy and therefore, they are being disposed of by the common judgment and order with the consent of learned Counsel for the parties. The facts leading to the filing of the aforesaid writ petitions are that Hari Nam Singh filed writ petition No. 27750 of 2001 in the month of July, 2001 challenging the order dated 9th July, 2001, Annexure -5 to the writ petition, whereby the Joint Director of Education, Kanpur Region, Kanpur has stayed the earlier order dated 28th June, 2001, a copy of which has been annexed as Annexure -4 to the writ petition of Hari Nam Singh. By the said order dated 28 -6 -2001, the Joint Director of Education, Kanpur, Region, Kanpur relying upon the clarification issued by the Director has clarified that in the matter of grant of higher grade i.e. L.T. grade to which a teacher working in C.T. grade, ten years service contemplated under the law shall be counted from the date when the institution was up -graded in case the institution is up -graded during past ten years. This order of 9th July, 2001 by which the order dated 28th June, 2001 was stayed, has been stayed by this Court in the said writ petition No. 27750 of 2001 filed buy Hari Nam Singh. Thereafter, writ petition No 29445 of 2001 has been filed by Rajendra Prasad Katiyar and others, wherein the order dated 28th June, 2001 was again challenged by petitioner Rajendra Prasad Katiyar and others. In this writ petition no interim order was granted may be because of the fact that the order dated 9th July, 2001 has already been stayed in the earlier writ petition. Rajendra Prasad Katiyar has challenged this order on the ground that in view of Section 33 -D of the U.P. Secondary Education Selection Board Act, 1982 as amended up -dated, the petitioner Rajendra Prasad Katiyar and others are entitled for the L.T. Grade w.e.f. the date of completion of ten years service irrespective of the date of the up -gradation of the institution. The facts, which are not in disputes, which leads to the filing of the third writ petition i.e. writ petition No. 29445 of 2001 with the following prayer: (i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28th June, 2001 (Annexure -9 to the writ petition) passed by the respondent No. 1. (ii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case. (iii) and award cost of the petition.
(2.) KISAN Uchchatar Madhyamik Vidyalaya, Kandhi, Kanpur Dehat (here -in -after shall be referred to as 'institution') is a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921 to which the provisions of U.P. Secondary Service Selection Board Act, 1982 and rules framed thereunder are also applicable. The institution was given temporary recognition up to the junior high school in the year 1973 and permanent recognition of the junior high school was given in the year 1978. The said institution was upgraded as High School in the year 1984 and has been put into grant -in -aid list and teachers and other staff of the institution are getting salary under U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, which shall be referred here -in -after as 'payment of salaries Act'. The petitioners of writ petition No. 29445 of 2001 were appointed as Assistant Teacher in C.T. grade when the institution was a junior high school. The appointment of these petitioners including Rajendra Prasad Katiyar was approved for the purposes of payment of salaries under the relevant law.
(3.) THE institution was up -graded to high school level in the year 1978, as already stated above, and the services of the petitioners including Rajendra Prasad Katiyar have been regularised and they have been absorbed for the purposes of payment of salaries Act as institution has now recognised under the U.P. Intermediate Education Act, 1921. The District Inspector of Schools, Kanpur Dehat has passed an order on 3 -8 -1988 approving the petitioners for the purposes of payment of salary. The principal of the institution, namely, Sri Jang Bahadur Singh retired on 30 -6 -2001.;