- (1.) SUDHIR Narain, J. The petitioner has challenged the order dated 16th March, 1994 passed by Deputy Director of Education (Women) Uttar Pradesh, Allahabad respondent No, 3, whereby the claim of the petitioner for function ing as officiating Principal was rejected and the report of the Accounts Officer dated 18th May, 1993 was accepted.
(2.) THE facts in brief are that Gopi Radha Balika Uchchatar Madhymik Vidyalaya, Durga Kund, Varanasi (hereinafter referred to as the 'institution') was a Junior High School. THE petitioner was appointed as Assistant Teacher in the institution on 1-8-1964. THE school was upgraded to High School in the year 1969. THE recognition for Art subject for 9th and 10th classes was given in the month of November, 1972. THE petitioner was teaching Art subject to the students of class IX and X. She was initially appointed in H. T. C. scale. When the institution was upgraded to High School in the year 1969 the petitioner started getting Rs. 110 per month which according to the petitioner was higher than C. T. grade. THE State Government issued G. O No. 5583/15-8-3100/73 dated 3-10-1974, providing certain benefits to the teachers appointed for Music, Art, Home Science, Shorthand, Book Craft and Wood Craft in aided High School and Intermediate Colleges. THE teachers who were teaching these subjects in High School or Intermediate were given L. T. grade or Lecturer's grade provided they were qualified for teaching and in fact they were teaching the students of those classes. THE petitioner, after coming into force the said G. O. claimed that as she was qualified and teaching Art subject to the students of 9th and 10th classes, she was entitled to L. T. grade with effect from 1st August, 1972. THE Regional Inspectress of Girls Schools, Vth Region, Varanasi by order dated 23rd May, 1975 sanctioned L. T. grade to the petitioner in accordance with G. O. dated 3-10-1974 with effect from 1-8-1972. One Smt. Maya Mukhopadhya was functioning as Principal of the institution. She retired on 30th June 1991 on attaining the age of super annuation. Smt. Krishna Devi who was the senior-most teacher in the institu tion refused to work as Principal. The petitioner was thereafter asked to officiate as Principal as she was placed at serial No. ?. on the seniority list, Respondent No. 8 made a representation before the Regional Inspectress of Girls Schools on 22nd June, 1992 against the seniority list. She claimed that she was appointed on 21-7-1973 as an assistant teacher in L. T. grade and she was senior to the petitioner. The Regional Inspectress of Girls Schools asked the comments from the Management of the institution on 18-8-1992. The Management submitted a reply stating that the seniority was fixed on the basis of the letter of the Regional Inspectress of Girls School dated 31st March, 1981. She had fixed the seniority treating the petitioner as Assistant L. T. grade teacher with effect from 1-8-1992 as the petitioner was granted scale of pay of L. T. grade teacher with effect from said date in view of G. O. dated 3-10-1974. A report from Accounts Officer was called for. The Account Officer submitted a report dated 18th May, 1993 stating that the petitioner was not entitled to the benefit of G. O. dated 3-10- 1974. She was entitled to L. T. grade with effect from 1-1-1986.
(3.) THE Regional Inspectress of Girls School, Vth Region, Varanasi wrote a letter dated 24th May, 1993 asking the Management to fix the seniority of the teachers in accordance with Regulation 3 of Chapter II of the Regula tions framed under the U. P. Intermediate Education Act. By another letter dated 29-6- 1993 she itoofc the view that in accordance with G. O. dated 3-10-1974 the teachers of C. T. grade were entitled to L. T. grade with effect from 1-11-1973. THE Manager of the institution wrote a letter dated 1- 7-1993 directing the petitioner to hand over the charge of the post of officiating Principal to respondent No. 8. The petitioner aggrieved against this order filed writ petition No. 24356 of 1993 in this Court. The writ petition was disposed of with a direction that the petitioner may approach the Director of Education U. P. who shall examine the matter. The petitioner made a representation to Director of Education, respondent No. 1, in pursuance of the order passed by this Court on 18-10-1993. The Director of Education sent the matter to the Deputy Director of Education (Women) Uttar Pradesh, Allahabad, to decide the representation. Respondent No. 3 has decided the representation by order dated 16th March, 1994 holding that respondent No. 8 is senior to the peti tioner and secondly, the report of Accounts Officer dated 18th May, 1993 is correct and the petitioner was not entitled to L. T. grade under the G. O. dated 3 -10-1994. The petitioner has challenged this order in the writ petition.;