V. Bahuguna, J. - (1.) BY means of the present writ petition the petitioner has sought a writ of mandamus for directing the respondents to pay him the salary of a Lecturer w.e.f. 1 -8 -1989. The petitioner was appointed as an Assistant Teacher in C.T. Grade on 27 -11 -1974 and was promoted to the L.T. Grade on 3 -3 -1982 on ad hoc basis. The appointment of the petitioner in the L.T. Grade was also approved by the District Inspector of Schools, Deoria by his order dated 16 -8 -1982. The Committee of Management by resolution dated 30th July, 1989 promoted the petitioner as ad hoc lecturer in Economics in the institution and since then he is continuing as the Lecturer in Economics. Counter and rejoinder affidavits have been exchanged and after hearing counsel for the parties, the present writ petition is being finally disposed of at the admission stage itself.
(2.) RULE 9 of the U.P. Secondary Education Services Commission Rules, 1983 read as under: - - Procedure for appointment by promotion. - -(1) Where any vacancy is to be filed by promotion all teachers working in L.T. or C.T. Grade, who possess the minimum qualifications and have put in at least 5 years continuous service as teacher on the date of occurrence of vacancy shall be considered for promotion to the lecturer or L.T. Grade as the case may be without their having applied for the same. There is no dispute that the petitioner has put in 5 years' continuous service in L.T. Grade before being promoted a Lecturer. Similar controversy came before this Court in Onkar Singh v. District Inspector of Schools WN No. 23297 of 1990 Decided on 9th September, 1991. The Court was of the view that 6 years' continuous service mentioned in Rule 9 did not mean 5 years' continuous substantive service. The writ petition succeeds and is allowed. The order of the District Inspector of Schools dated 23 -5 -1990 is set aside. The District Inspector of Schools is directed to pay the salary of Lecturer to the petitioner w.e.f. Ist August.;