- (1.) Smt. Gauhar Jahan, who has filed writ petition, died on 25.6.2003. Her heirs have been substituted and are contesting the writ petition. However, for the purposes of this writ petition, Smt. Gauhar Jahan shall be referred as petitioner. The petitioner was appointed as B.T.C. teacher in the year 1983 in Najibuddaula Girls Inter College, Najibabad, District Bijnor. On 17.12.1990, she moved an application claiming C.T. grade on the ground that she was B.A. B.Ed. The Committee of Management by the resolution has also recommended her promotion on C.T. grade to the Regional Inspectress of Girls Schools (hereinafter referred as ("RIGS"). The said resolution was received by the RIGS on 27.3.1991. On 11.4.1991, the petitioner submitted reminder before RIGS requesting therein that her salary may be fixed in C.T. grade. The RIGS vide letter dated 6.5.1991 directed the Manager/Principal to submit the resolution of recommendation and Service Book. When the Management did not reply the letter of RIGS, the petitioner submitted a representation before District Inspector of Schools and Lekha Adhikari on 5.9.1991. Thereafter, the Lekha Adhikari directed the Manager to submit the Service Book of the petitioner. When the Manager and Principal did not comply the direction dated 22.9.1992, the Lekha Adhikari again issued notice on 6/ 4.11.1992 directing them to submit the Service Book of the petitioner. The Copy of the said letter has been sent to the RIGS. It appears that in compliance of the aforesaid direction the Service Book of the petitioner has been submitted before the RIGS and Lekha Adhikari, who fixed the salary of the petitioner in C.T. grade w.e.f. 7.9.1983. Subsequently, by the order dated 27.11.2012 the order by which the salary of the petitioner in C.T. grade w.e.f. 7.9.1983 has been fixed, has been cancelled. The petitioner challenged the said order by way of Writ petition No. 5554 of 1993 which was disposed of with the direction to decide the matter afresh after giving opportunity of hearing. The District Inspector of Schools, Bijnor vide order dated 23.7.1997 has confirmed his earlier order dated 30.12.1992. The petitioner filed Writ Petition No. 28715 of 1997 which has been disposed of vide order dated 2.9.1997 directing the Deputy Director of Education, 12th Region, Moradabad to dispose of the representation of the petitioner relating to the claim of the petitioner. In pursuance thereof, the impugned order dated 25.10.1997 has been passed. The claim of the petitioner has been rejected mainly on the ground that there was no provision for promotion from B.T.C. grade to C.T. grade.
(2.) Learned Counsel for the petitioner submitted that the impugned order is patently illegal. There was a specific provision under Regulation 7 (2) of Chapter II of the U.P. Intermediate Education Act, 1921 which provides for promotion from B.T.C. to C.T. grade against the vacancy on completion of five years in case if the teacher has passed Intermediate or an equivalent examination or is a trained Graduate. He submitted that the petitioner was appointed in the year 1983. The period of five years has been completed in the year 1988. The right to get the C.T. grade accrued in the year 1988, therefore, the petitioner was entitled for C.T. grade from the date on which she became eligible for C.T. grade. Regulation 7 (2) of Chapter II of U.P. Intermediate Education Act, 1921 (hereinafter referred to as ("Act, 1921") has been deleted on 8.10.1992. Since the petitioner's right accrued prior to deletion of Regulation 7 (2) of Chapter II of the Act, 1921 she was entitled for promotion from B.T.C. to C.T. grade. In support of the claim, the petitioner relied upon the decision of the learned Single Judge of this Court in the case of Smt. Aruna Ghosh v. State of U.P. and others, 1995 2 UPLBEC 763.
(3.) Sri Pankaj Rai, learned Additional Chief Standing Counsel submitted that C.T. grade has been declared as dying cadre in the year 1989 by the Government Order dated 19.10.1989. He further submitted that as per the petitioner's own pleading, the Lekha Adhikari has fixed the salary of the petitioner in C.T. grade w.e.f. 7.9.1983 which is the date of appointment and not the date on which she became entitled for C.T. grade and, therefore, the order of Lekha Adhikari/District Inspector of Schools, Bijnor for fixing the salary in C.T. grade w.e.f. 7.9.1983 has been rightly recalled.;