- (1.) S. R. Singh, J. Subject matter of impingement in the instant petition is the order, dated 7-9-1994 passed by the Regional Dy. Director of Education Gorakhpur Region, Gorakhpur thereby setting aside the order, dated 7-10-1985 whereby the petitioner was appointed/promoted to L. T. grade. The petitioner who made a debut as a Language teacher in J. T. C. grade vide appointment letter dated 25-6-1975, was given C, T. grade with effect from 1-7-1980 vide letter dated 9-9-1982 and L. T. grade with effect from 1-7-1984 vide latter dated 7-10-1985, of Regional Inspectress of Girls Schools, 7th Region, Gorakhpur. The order dated 7-10-1985 giving L T. grade to the petitioner with effect from 1-7-1984 has been rescinded vide order dated 7-9-1994 as stated supra.
(2.) THE fact that the petitioner was initially appointed as a Language Teacher in J. T. C. grade vide appointment letter dated 25-6-1975 pursuant to which she joined her duties on 1-7-1975, stands indurated into admis sion vide averments made in paragraphs 3 and 4 of the writ petition. THE institution was admittedly recognised at that time up to the level of a Junior High School. It was upgraded to the status of a High School vide order contained in letter dated 14-7-1977. THE permission to start 9th classes was given by the Distt. Inspector of Schools vide letter dated 5-8-1977. Consequently, with the upgradation of the institution to the level of 'the High School the provisions of U. P. Intermediate Education Act, 1921 and those of the Regulations framed thereunder, came to be attracted and applied to the Institution. On attaining completion of five years' service in C T Grade, the petitioner was entitled to be promoted in the C. T. grade by virtue of the provisions of the Regulation 7 (2), Chapter II of the regulations framed under the U. P. Intermediate Education Act, which promotion was rightly bestowed upon her vide letter dated 9-9-1982 with effect from 1-7-1980 as afore-stated. THE inpugned order does not demur to petitioner' promotion to C. T. grade made by order dated 9-9-1982 and to that extent the impugned order is not under challenge. It transpires from the record that pursuant to the proposal originating from the Management of the Institution, the Regional Inspectress of Girls Schools by her order contained in letter dated 7-10-1985, accorded-------------------------------------L. T. grade to the petitioner with effect from 1-7-1984 in purported abidance to the Government order dated 5-4-1975 referred to in the order contained in letter dated 7-10-19s5 (Annexure 4 to the writ petition ). It is this order which has been rescinded by means of the impugned order. Feeling aggrieved, the petitioner has preferred the instant petition. She also appears to be aggrieved by the order impugned in the writ petition in so far as it maintains the order dated 9-9-1982 giving C. T. grade to respondent Smt. Nirmala Singh with effect from 2-8-1977. Having heard the learned counsel for the parties, I find no infirmity in the impugned order in so far as it lends countenance to the order dated 9-9-1982 thereby approving appointment of Suit. Nirmala Singh, res pondent under the provisions of the U. P, High School and Intermediate Colleges (Payment of Salary of Teachers and Other Employees) Act, 1971 with effect from 2-8-1977. The institution was recognised as High School in July 1977 and permission on to start 9th class therein was given in August 1977. Smt. Nirmala Singh, respondent was appointed Asstt. Teacher vide appoint ment Setter dated 25-7-1977 pursuant to which she joined her duties on 2-8-1977 as stated in paragraphs 4 and 5 of the writ petition. Appointment in J. T. C. grade being permissible only up to the level of Junior High School and not at the level of High School, the appointment of Smt. Nirmala Singh respondent, cannot be said to have been made IB J. T. C. grade as alleged in para 4 of the writ petition for the reason that the Institution had already been upgraded to the level of High School vide letter dated 14-7-1977. The fact that permission to start 9th class was given by the Distt. Inspector of Schools vide letter dated 5-8-1977, would not relegate the appointment of Srat. Nirmala Singh respondent to one in J. T, C. grade, in that the recognition to the Institution as High School and permission to run 9th class from the date of commencement of the academic sessions in that year vide letter dated 14-7-1977 and 5-8-1977 would date back to the date of commencement of the academic session in that year. The formal order of creation of post of Asstt. Teacher in High School must have been issued after the Institution was given recognition as a High School and the appointment of Smt. Nirmala Singh having been made after recognition of the Institution as High School, the same would be governed by the provisions of the U. P. Intermediate Education Act, 1921 read with Regulations made thereunder. The petitioner was given C. T. grade by virtue of her promotion from J. T. C. grade under Regulation 7 (2) as it then stood read with Regulation 4, Chapter II of the Regulations and the respondent Smt. Nirmala Singh by virtue of her being appointed as Asstt. Teacher in the Institution after it was recognised as High School. The order dated 9th September 1992 approving of the appointment of the petitioner and respondent Smt. Nirmala Singh in C. T. grade with effect from 1-7-1980 and 2-8-1977 respectively does not suffer from the taint of any infirmity and has rightly been countenanced by the Regional Inspectress of Girls Schools vide order impugned in this writ petition. The next question that comas up for consideration is whether the petitioner was rightly given L. T. grade with effect from 1-7-1984 vide order contained in letter dated 7th October 1985 of the Regional Inspeetress of Girls Schools. A perusal of the order, dated 7th October, 1985 (Annexure 4 to the writ petition) would demonstrate that Regional Inspectress of Girls Schools gave automatic promotion to the petitioner in L. T. grade with effect from 1-7-1984 on the dint of the Government order dated 5-4-1975. The said Government order dated 5-4-1975 was attracted to the teachers appointed prior to 5-4-1975 whereas the petitioner was appointed subsequent to the issuance of the said Government order. In this conspectus, the Regional Inspectress of Girls School has rightly summed up vide order impugned in this writ petition that the G. O. dated 5-4-1975 does not lend itself to the facts of the present case. The Regional Inspectress of Girls Schools has observed in the impugned order that the petitioner would be entitled to be given salary admissible to a teacher in L. T. grade with effect from 1-7-1990 and Smt. Nirmala Singh with effect from 2-8-1977, though the operative part of the impugned order is benefit of any such direction as would be evident from conclusion No. 5 arrived at by the Regional Inspectress of Girls School in her order dated 7-9-1994 which is abstracted below for ready reference : But the impugned order in so far as it holds that the petitioner would be entitl ed to L. T. grade with effect from 1-7-1990 i. e. after completion of 10 year's continuous satisfactory service in C. T. grade, is to my mind, founded on misreading and is contrary to the intendment of the G. O. aforestated. What is required in order to qualify for L, T. grade in accordance with the G. O. aforestated is to have five years' service in C. T. grade and 10 years over-all satisfactory service. The words 'satisfactory service' (Santosh Jaaak Seva) occurring in G. O. aforestated, in my opinion, include the service rendered by the petitioner in J. T. C. grade as well, 10 years' satisfactory service within the meaning of the G. O. aforestated cannot be circumscribed to service rendered in C. T. grade alone. That is how I have construed the G. O. aforestated, which amended an earlier G. O. dated 19-10-1989, in writ peti tion No. 16360 of 1991 Smt. Aruna Chos v. State of U. P. , decided on 1-2-1985. I am of the view that on a proper construction of the G. O. aforestated, the petitioner would be entitled to get L. T. grade on completion of 5 years' service in C. T. grade and 10 years over all satisfactory service after the institution was upgraded to the level of High School, The impugned order, therefore, deserves to be modified to that extent.
(3.) BEFORE parting with the judgment, it may be observed with the inter se seniority between the petitioner and the respondent Nirmal Singh would be determined in accordance with decision dated 10- 1-199'* rendered in writ petition No 46370 of 1993 Virendra Pandey v. State of U. P. , with which I am in agreement. In the result, the petition succeeds and is allowed in part. The impugned order stands modified in terms of this judgment and the petitioner is held to be entitled to get salary in L. T. grade on completion of 10 years satisfactory service which would include the service rendered by her in J. T. C. grade after the Institution was upgraded to the level of High School, Petition partly allowed. .;