RAJESH TANDON,J. - (1.) HEARD the learned Counsel for the parties.
(2.) BY the present writ petition the petitioners have prayed for the issue of a writ in the nature of mandamus directing the respondents to make the payment of salary to the petitioners in the pay scale of 1100-1710 (revised 3600-5500) with admissible allowances. Briefly stated the facts giving rise to the present writ petition are that the petitioners are the Assistant Teachers posted in various primary schools in District Champawat. The petitioners are holding C.P. Ed. certificate/diploma and they/were appointed by the Basic Shiksha Adhikari, Pithoragarh on the consolidated/ salary of Rs. 850/- per month. The petitioners have submitted that pursuant to the letter dated 1.1.1993 issued by the Director of Education Basic Shiksha Parishad, U.P some other persons were appointed who are being paid regular pay scale of 1100-1710 whereas the petitioners are being paid a consolidated salary of Rs. 850/- per month. The petitioners have claimed regular pay scale from the date of their appointment.
(3.) THE respondents have filed counter affidavit and have submitted that the petitioners are holding the C.P. Ed. Certificates, obtained by them from the Amrawati, Maharastra, which was not a recognized institution, but in pursuance of the order of Allahabad High Court the petitioners were given appointment on a fixed salary of Rs. 850/- per month. It has also been submitted in the counter affidavit that the persons who have C.P. Ed. certificate from the recognized institutions were being paid regular pay scale. It has been submitted that the qualification for appointment of Assistant Teachers of Junior Basic Schools is prescribed under Rule 8 of U.P. Basic Education (Teacher) Service Rules, 1981. The petitioners were appointed as untrained teachers and till the completion of departmental B.T.C. training they are not entitled to get regular pay scale.;