- (1.) THE present Petition under Article 226 of the Constitution of India has been preferred by the U.P. Senior Basic Shikshak Sangh through its Secretary with the prayer to issue writ of certiorari quashing the part of the Government Order dated 20.12.2001 to the extent it provide 20% ceiling (Annexure No. 2 to the Writ Petition) and further to issue writ of mandamus directing the respondents to delete the 20% ceiling limit for providing pronnat (promotional) pay scale to Senior Basic teachers working in selection grade who have completed 12 years.
(2.) HEARD learned counsel for the petitioner, learned Standing Counsel and perused the record. Learned counsel for the petitioner submitted that the State of U.P. issued an order dated 20.12.2001 which provides promotional pay scale to Basic teachers who have completed 12 years satisfactory service in selection grade but also provided that the promotional pay scale would be given only to 20% teachers holding the post. Copy of the Government Order has been annexed as Annexure No. 1 to the Writ Petition. He further contended that by the same Government Order dated 20.12.2001, the promotional pay scale has been provided to the teachers of Secondary Education Institution after completing 12 years of service but no such condition of 20% has been imposed. Subsequently, another Government Order dated 22.3.2003 was issued for preparing the seniority list for Primary and Senior Basic teachers separately and the promotional seat would not increase from 20% of strength. He submitted that putting condition of 20% limit for promotional pay scale is arbitrary and discriminatory because no such condition was put for granting promotional scale to the Secondary teacher by the same Government Order, hence, there is a violation of Article 14 and 16 of the Constitution of India.
(3.) IT was further submitted by learned counsel for the petitioner that due to ceiling of 20% in spite of the Government Order, most of the teachers are not getting promotional pay scale and they retired without getting the benefit of the Government Order dated 20.12.2001 though they have completed 12 years satisfactory service. The Government has issued subsequently number of Government Orders to remove the difficulties but the limit of 20% was not removed. The representation was given to the Principal Secretary (Education), Government of U.P. but it was not considered, hence, the limit of 20% is liable to be quashed.;