- (1.) HEARD Shri Shiva Kant Tiwari, learned counsel for the petitioner and learned Additional Chief Standing Counsel.
(2.) THROUGH the instant writ petition, the petitioner is seeking for regularization on the post of Assistant Teacher ( L.T. Grade) under the provisions of Section 33-B of the U.P. Secondary Education ( Services Selection Boards) Act, 1982( In short Act, 1982). Briefly stated, facts of the case are that the petitioner was appointed as Assistant Teacher (L.T. Grade) on 19.2. 1991 in Durga Prasad Inter College, Khasaura, Hardoi. Petitioner claims his appointment against the substantive vacancy. It is stated that two teachers working in C.T. Grade, namely, Ram Shanker Tiwari and Shri Shiv Raj Pal were promoted in L.T. Grade in March, 1985 with the approval of the District Inspector of Schools. In the result, two vacancies of C.T. Grade were notified for appointment on ad hoc basis. The petitioner along with several other persons applied therefor. On the basis of quality point marks the petitioner as well as Sri Shiv Prakash Mishra was selected.
(3.) HE was issued an appointment letter on 23.3.1985. Pursuant to which he joined the post on 25.3.1985. District Inspector of Schools, Hardoi also approved his appointment with effect from 8th July, 1985. It is stated that Shri Shiv Prakash Mishra, who was appointed along with the petitioner on ad hoc basis has been regularized as Assistant teacher L.T. Grade by means of order dated 19th October, 1996 , passed by the Deputy Director of Education VI th Region, Lucknow with effect from 7th August, 1993. Now he is working as l.T. Grade. On account of declaration of the C.T. Grade as dying cadre with effect from 19.2.1991 all the teachers, who had been working in C.T. Grade and had completed five years satisfactory services on or before 19th February, 1991 have been absorbed in L.T. Grade. Accordingly the petitioner also claims his entitlement for absorption in L.T. Grade with effect from 19th February, 1991 as he had already completed five years service prior to the said date.;