Markandey Katju, J. - (1.) THE petitioner was appointed on 1 -7 -66 as Science Demonstrator in Krishak Inter College, Gaur district Basti and his salary was fixed accordingly. The petitioner was a Bachelor of Science and Bachelor of Education. In 1971 the petitioner passed his postgraduate Condensed Diploma Course in Chemistry. With effect from the academic Session 1971 -72 the petitioner has been working as science teacher for Intermediate classes continuously. However, he has not been paid salary of lecturer grade. In Para 6 of the petition the petitioner has contended that the State Government has issued two Government orders dated 16 -1 -66 and 194 -66 permitting the grant of lecturers scale to science teachers of Intermediate classes who have passed post graduate condensed diploma course. True copies of the Government orders have been annexed as Annexures 1 and 2 to this petition. The petitioner accordingly contended that he was entitled to the payment of lecturer grade with effect from 1 -7 -71 but the same was not sanctioned. The petitioner repeatedly represented before the committee of management as well as the District Inspector of Schools and ultimately the District Inspector of Schools by his letter dated 29 -3 -89 issued directions to the management for considering the fixation of petitioner's salary in lecturer grade. In pursuance of the aforesaid direction, the committee of management at its meeting held on 20 -4 -89 resolved that the petitioner be granted lecturers grade of pay with effect from Session 1971 -72. A true copy of the resolution dated 20 -4 -89 has been annexed as Annexure 3 to the writ petition. This resolution was communicated to the District Inspector of Schools by the letter of the Manager dated 28 -4 -89 (Annexure 4 to the petition). On the basis of the aforesaid resolution the District Inspector of Schools passed an order dated 13 -12 -89 sanctioning lecturer grade to the petitioner with effect from 1 -7 -71 in accordance with the aforesaid Government orders. (Annexure 5 to the petition). In pursuance of the aforesaid order the petitioner's salary was also fixed by the Accounts Officer of the District Inspector of Schools, Basti (Annexure 6 to the petition).
(2.) ON 27 -12 -89 the District Inspector of Schools, Basti passed an order cancelling his earlier order dated 13 -12 -89 (Annexure 7 to the petition). In Para 11 of the petition it has been alleged that the order dated 17 -12 -89 was passed without giving any opportunity of hearing to the petitioner and in Para 12 it has been alleged that no reason has been given for passing the impugned order.
(3.) THE allegation in Para 11 of the petition that no opportunity of hearing was given to the petitioner prior to passing of the impugned order dated 27 -12 -89, has not been denied in the counter -affidavit. Moreover, a perusal of the impugned order dated 27 -12 -89 shows that no reason whatsoever has been given in the same. For these reasons the impugned order dated 17 -12 -89 is wholly illegal and arbitrary and liable to be set aside. Accordingly 1 quash the impugned order dated 27 -12 -89 and direct that the respondents to give the petitioners lecturer grade with arrears from 1 -7 -71 within a month of production of a certified copy of this judgment.;