KRISHNA MURARI, J. - (1.) HEARD learned counsel for the petitioner and the learned Standing Counsel for the State-respondents. Pleadings have been exchanged between the parties and with the consent of the learned counsel for the parties, the writ petition is being finally disposed of.
(2.) THE petitioner has approached this Court claiming a writ of mandamus directing the respondents to grant her automatic promotion in C. T. Grade after having worked and completed five years satisfactory service in BTC grade from the date of her initial appointment and to pay salary with all consequential benefits. A further prayer has been made for a writ of mandamus to direct the respondents to give L. T. grade from 1.12.1995 after having completed ten years satisfactory service by adding five years of CT grade with all consequential benefits. The facts as they emerge from the pleadings are that Mahila Gram Inter College, Allahabad is a recognized and aided institution running from Class-I to Class-XII. The primary section has been running with the institution as attached primary section. The petitioner was appointed on 21.7.1985. After the primary section was taken on grant-in-aid, an order was passed by the District Inspector of Girls School dated 15.9.1986 approving the appointment of the petitioner placing in the pay scale of Rs.365-555 with effect from 1.12.1985. Thus, the petitioner would be deemed to have been appointed in BTC grade with effect from 1.12.1985 and is receiving salary from the State fund. The grievance of the petitioner is that she is still working in BTC grade in the institution and is entitled for CT grade under regulation 7(2) of Chapter II of the Regulations framed under the U. P. Intermediate Education Act, 1921 after completion of five years' service in BTC grade. The petitioner's case is that she is qualified to be given CT grade since she is trained graduate from the date of her first appointment in BTC grade. The petitioner made various representations and claimed grant of CT grade which was not accepted hence she has approached this Court. It is contended by the learned counsel for the petitioner that respondents-authorities have wrongly ignored the claim of the petitioner though her qualification is M. A., L. T. and she is also teaching up to Class-X. Reliance in support of the contention has been placed on the Division Bench judgment of this Court in the case of Smt. Samantika Chatterjee Vs. Regional Inspectress of Girls School, Allahabad and others [(1990) 1 UPLBEC - 239]. Learned counsel for the petitioner further states that she is also entitled for grant of L. T. grade after completion of 10 years' satisfactory service which will include five years as C. T. grade. A counter affidavit has been filed on behalf of the State-respondents in which it has been stated that since the Regulation 7 (2) of Chapter II has been deleted and CT grade has been declared as dying cadre vide Government Order dated 11.8.1989, the claim of the petitioner is not liable to be accepted. The question which arises for consideration is whether the petitioner is entitled to the benefit of Regulation 7 (2) of Chapter-II framed under the U. P. Intermediate Education Act, 1921 for suo moto promotion in C. T. grade after completion of five years' satisfactory service and thereafter in L. T. Grade after completing ten years' satisfactory service. The question whether the teachers teaching in Primary section up to Class-V are entitled for the benefit of Regulation 7(2) of Chapter-II was under consideration of the Division Bench in the case of Smt. Samantika Chatterjee (supra).
(3.) AFTER considering all the provisions, it was observed in paragraph 12 of the said judgment as under : "12. It is an admitted position that Classes I to V are comprised in the primary section. Classes VI, VII and VIII and Classes VI in particular, can by no stretch of imagination be considered to be an integral part of a recognized Higher Secondary School or Intermediate College, if the reasoning given by the Supreme Court in Prem Lata Misra Vs. H. L. Dutt and others, ILR (1) Alld. 1974 page 220 and by this Court in Mahanand Singh and others Vs. State of U. P. and others, 1978 ALJ 1042, is applied, it is not the case of the respondents nor can it be, that the students of Classes VI, VII and VIII of the Indian Girls Inter College, Allahabad appear in any examination conducted by the Boz Board. It is conceded that for the students of the said classes an internal examination is held by the institution concerned. Therefore, for the purposes of automatic promotion to the C. T. grade teachers who are assigned the task of teaching Class V and teachers who are assigned the task of teaching classes VI, VII and VIII stand on the same footing. There is no rational basis for segregating teachers who are employed for teaching the students of Classes I to V and the teachers who are assigned the task of teaching classes VI, VII and VIII. The classification, therefore, is on the face of it arbitrary. The decision, clarification of the State Government is, therefore, liable to be struck down on this score too." ;