- (1.) SUDHIR Narain, J. The question involved in the present writ petition is as to whether the petitioner is entitled to lecturer's grade either from l-1-1973 or from the 15-2-1983.
(2.) THE brief facts are that the petitioner was appointed as a teacher in C. T. grade in Chiranji Lal Girls Inter College, Aligarh. She claims to have been promoted as L. T. grade teacher in the year 1968. She passed B. A. examination in the year 1970 with Drawing and Painting and Indian Music (Vocal) as the subjects. She was being paid salary admissible to L. T. grade teacher. The State Government issued G. O. No. 5583-Pandrah-8-3100/1973, dated October 3, 1974. The salient feature of this G. O. is : (i) it is applicable only to L. T. grade teachers appointed in Music, Art, Sports, Home Science, Shorthand, Book Craft and Wood Craft in aided recognised High School and Intermediate Colleges ; (ii) the purpose of issuing G. O. is to bring parity in any scale of those teachers who are working in Government colleges and in aided schools having the same qualifications with effect from 1-11-1973 and thereby implement the Pay Commission's Report ; and (iij) the teachers having qualifications to teach the subject concerned in the institution all those classes to which they are qualified shall be granted the same pay scale which is applicable to other teachers having the same qualification. Learned Counsel for the petitioner urged that the petitioner was actually not promoted as lecturer but as she was teaching Intermediate classes in the college and having qualification to teach such intermediate classes in Arts, she was entitled to lecturer's grade in view of the G. O. dated 3rd October, 1974.
(3.) THE Regional Inspectress of Girls Schools passed an order on 13th August, 1974 directing that the petitioner be paid lecturer's grade with effect from 15th February, 1983 as the petitioner had passed M. A. Examination in the year 1982 and the result of M. A. Examination was declared on 15th February, 1983. THE petitioner made representation to the Regional Inspsctress of Girls Schools who passed an order on 11-10-1984 holding that the petitioner was entitled to lecturer's grade with effect from 1-11- 1973 in view of the G. O. dated 3-10-1974. THE District Inspectress of Girls School, Aligarh, however, passed an order on 23rd August, 1985 directing the Management to pay salary to the petitioner admissible to L. T. grade and the order directing for payment of lecturer's grade was cancelled. THE matter was again taken up by the Regional Inspectress of Girls Schools who by order dated 1-7-1988 reealle4 the order dated 11-10-1994. THE petitioner has challenged these orders in this petition. It is admitted that the petitioner was not duly promoted as lecturer by the Committee of Management in the year 1973. THE petitioner is, however, claiming the right to get the lecturer's grade in view of G. O. dated 3-10-1974. THE petitioner has to satisfy two conditions : (i) She was qualified to teach Intermediate classes on the relevant date i. e. , 1st November, 1973 ; and (ii) She had, in fact, taught to students of Intermediate classes. 6. THE qualification to teach the students of Intermediate classes has been given in Appendix 'a' of Chapter-II of Regulations framed under the U. P. Intermediate Education Act, 1921. THE qualifications with regard to the various subjects are prescribed. THEre has been amendment in Appendix 'a' providing the qualifications for appointment. In the present case, the qualification as existed on the relevant date i. e. , 1-11-1975 is contained at serial No. 12 of Apendix 'a', referred to above. It provides as follows : 12. Art and Commercial Art (1) Arts Master Training Certificate teacher for Intermediate (earlier known as Drawing Teachers (Class 11 and 12 ). Training Certificate) issued by Government Art and Craft College, Lucknow with Intermediate examination. (2) Art with Intermediate Examina tion with any of the following examination : (a) B. A. with Drawing or Fainting : Or (ff) Diploma of Pine Arts of Kala Bhawan, Shanti Niketan: Or (c) Fine Drawing Teachership Examination of Calcutta. 7. THE revision of the petitioner is that she had passed B. A. Examina tion in the year 1970 with Drawing and Painting as one of the Subjects, THE Principal of the college has filed counter affidavit and she has annexed the degree which indicates that the petitioner had passed B. A. Examination with Drawing and Painting as one of the subject. THE petitioner was thus fully qualified to teach the Intermediate classes with Art subject in the year 1973. 8. Sri Vinai Malviya, learned Counsel for the respondent urged that only such teachers who had obtained Master's Degree in the subject concerned could teach the students of Intermediate classes and as the petitioner had not passed M. A. examination in the year 1973, she was not entitled to get lecturer's grade. THE learned Counsel has, however, not shown that there was any such qualification prescribed in Appendix 'a' of Chapter-II of the Regulations framed under the Act at the relevant time which prescribed such qualification relating to Art teacher. He has referred to G. O. dated 18th January, 1974 but this G. O. does not provide such qualification. It only refers to the grade which the teacher is entitled for payment on the revised pay scale of teachers. THE qualification to be contained in Chapter-Ii of the Regulations framed under the Act. Learned Counsel for the respondent has not placed any other material prescribes any different qualification than prescribed under Appendix 'a', referred to above. THEre also appears some justification that those teachers who were already teaching the Intermediate classes, they may be paid salary of lecturer's grade. THE lecturer's grade is given to those teachers who are teaching Intermediate classes. THE teachers who are qualified to teach Intermediate classes and are, in fact teaching the students of Intermediate classes, may be paid salary payble to the lecturers who might have been duly appointed or promoted. 9. THE second question arises as to whether the petitioner was, in fact, teaching the student of Intermediate classes at the relevant date and continued to teach the students of Intermediate classes. It is a question of fact which can be decided by the appropriate authority. This Court had passed an order on 8th April, 1993 directing the petitioner to produce the record relating to teaching Intermediate classes during the relevant period. THE petitioner has filed certain documents with the supplementary affidavit. THE record can be examined by the Regional Inspectress of Girls Schools, Agra Division Agra, respondent No. 3. Respondent No. 3 may examine whether the petitioner was teaching Interrelate classes during the relevant period and examine the record including the time table, allotment of teachers to various subjects in the Intermediate classes as well as Lecturer and Attendance Register. In case it is found that the petitioner was teaching Intermediate classes she will be paid lecturer's pay-scale such period in which she was teaching Intermediate classes. 10. THE petitioner shall make a representation along with a certified copy of this order and on such representation being made, respondent No. 3 shall dispose of the same within two months from the date of making of the representation. If it is found that the petitioner was teaching Intermediate classes she will be entitled to lecturer's pay scale for such period she was teaching Intermediate classes. Respondent No. 3 shall further pass an appropriate order for payment of the lecturer's pay scale while deciding the representation of the petitioner keeping in view of the observa tions made above and in accordance with law. 11. THE writ petition is accordingly allowed with the directions given above. THE parties shall, however, bear their own costs. Petition allowed. .;