R.M. Sahai, J. - (1.) BY this petition reversion of Petitioner, who admittedly was a permanent assistant teacher in C.T. grade, and was promoted to L.T. Grade in January 1976, has been challenged. It is not disputed that Petitioner was the senior most teacher and was qualified to be promoted to L.T. grade. What is claimed on behalf of the opposite parties is that as from July 1976 one of the requirements for promotion to L.T. grade, become five -year's experience in C.T. grade, which the Petitioner did not possess, as he had experience of only two and half years, he could not continue as teacher in L.T. grade and, therefore, he was reverted by order dated 18th June 1977. It is not disputed that prior to July 1976 there was no requirement of five years' experience. In other words in January 1977 the date on which Petitioner was promoted as L.T. grade teacher the order was not only just but he was rightly appointed under Uttar Pradesh Secondary Education (Removal of Difficulties) Order, 1975. Under this a teacher could be appointed for six months. The period was extended by Second Removal of Difficulties Order and instead of six months it was substituted by words 'till 30th June 1976'. This was again extended by Third Removal of Difficulties Order, 1976 and instead of 30th June 1976 it became 30th September 1976. The Petitioner admittedly continued as a L.T. grade teacher till 1977. In between this period Section 16 -GG was inserted by U.P. Act No. 5 of 1977 with effect from 21st April 1977. It provided that any teacher appointed between August 18, 1975 and September 30, 1976 on ad hoc basis against a clear vacancy and possessing prescribed qualification; shall be deemed to have been appointed in a substantive vacancy. It has been seen earlier that Petitioner was appointed in January 1976 and, therefore, he complied with first requirement. His appointment was on ad hoc basis against a clear vacancy and, therefore, be complied with the second requirement as well. On the date when he was appointed he possessed prescribed qualification and, therefore, he possessed third qualification as well and from the date of appointment he continuously held the post till commencement of Section i.e. on 21st April 1977. Consequently the Petitioner complied with all the conditions prescribed under Section 16 -GG. Petitioner's appointment, therefore, stands converted from ad hoc appointment to substantive appointment and the opposite parties could not have reverted him in June 1977 in C.T. grade.
(2.) IN the result this petition succeeds and is allowed. Order dated 18th June 1977, copy of which filed as Annexure -2 to the writ petition, passed by the opposite party, is quashed. Petitioner shall be entitled to its costs.;