B.K.Singh - (1.) THE petitioner, who is a teacher in B.T.C. grade of Shri Hindu Kanya Vidyalaya Intermediate College, Saharanpur has preferred this writ petition seeking a writ in the nature of mandamus to command the respondents 1 and 3 to pay to the petitioner salary in the CT. grade in accordance with the provisions of Regulation 7 (2) of the Regulations contained in Chapter II framed under the U. P. Intermediate Education Act along with all the consequential benefits. Further prayer for declaring the provisions of G.O. dated 4.10.1974 void and inoperative in so far as they are In conflict with the statutory Regulation 7 (3) of the Regulations referred to above has also been made.
(2.) CERTAIN relevant facts necessary for the disposal of the writ petition may be stated. The petitioner having passed Intermediate Examination in the year 1971 conducted by the U. P. Board of High School and Intermediate Education, Allahabad was appointed as Assistant Teacher in the Institution named above in B.T.C. Grade on 8th, July, 1972. Since then the petitioner is working on the post without any break in service. The petitioner also has In the meantime passed B.A. Examination in the year 1976 and also passed M. A. Examination in Sociology from Meerut University in the year 1979. The petitioner has averred that Shri Hindu Kanya Vidyalaya Intermediate College, Saharanpur (hereafter referred to as the Institution) is a recognised Intermediate College. It is getting maintenance under the grant-in-aid Scheme of the State Government. All its teachers and employees are being paid salary under the provisions of Payment of Salaries Act, 1971. The petitioner has also submitted that the salary bills are being sent by the Management simultaneously and they are being approved by the Regional Inspectress of Girls Schools, Saharanpur. Thereafter in accordance" with the payment of Salaries Act, the salaries are being paid by cheques directly in the bank account of each individual teacher. It has also been averred that whether a teacher belongs to High School Section or Junior High School or the Primary Section of the Institution, the same procedure is laid down in Chapter III of the U. P. Intermediate Education Act, 1921 in respect of any disciplinary proceedings and punishment is applicable. The petitioner has then claimed that under Regulation 7 (2) of the Regulations framed under the U. P. Intermediate Education Act, any teacher, who is a trained teacher and who has passed Intermediate Examination and who Is working in J.T.C./B.T.C. for a period of five years, would automatically be promoted in the C.T. Grade by the Committee of Management and thereafter the information of the said promotion has to be given by the Committee of Management to the Inspector/Inspectress of Schools. The petitioner became eligible to be put in C.T. Grade after completing five years in the year 1977. But the petitioner has not been granted the benefit of promotion. In this connection, the petitioner has made several representations, the first of which was submitted to the respondent No. 3 on 10.7.1979. The petitioner also pointed out certain identical cases where the teachers in J.T.C./B.T.C. Grade were upgraded as teachers in C. T. Grade after completing five years service. The petitioner also claimed that in this regard, two Government Orders dated 25.1.1974 and 4.10.1974 were issued. However, he challenged the G.O. dated 4.10.1974 as illegal and void being directly in conflict with the provisions of Regulation 7 (2) of the Regulations contained in Chapter II of the Regulations framed under the U. P. Intermediate Education Act. The petitioner also placed reliance on a Division Bench decision of this Court reported in Smt. Samantika Chatterjee v. Regional Inspectress of Girls Schools, Allahabad and others, 1990 (1) UPLBEC 239, in which this court in respect of an identical matter has allowed the writ petition and granted relief to the petitioner teacher. The petitioner, therefore, has stated that she is entitled to the relief claimed. The claim of the petitioner has been contested by both the State Government as well as by the Committee of Management who have' filed their counter-affidavits. The petitioner has also filed rejoinder-affidavits to the allegations contained in the counter-affidavits. Basically, the claims set up in the counter-affidavits are that the Primary Section of an institution is not covered by the provisions of U. P. Intermediate Education Act and the Regulations framed, if any, under the said Act will not apply.
(3.) I have heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the Committee of Management as well as the learned standing counsel. The learned counsel for the petitioner has submitted that the Institution is one unit starting from Class I to Class XII. It is being managed by one Committee of Management and the teachers have been recognised to teach in the Institution by the concerned educational authorities. Their salary bills under the Payment of Salaries Act, 1971 are being sent by the Committee of Management to the Regional Inspectress of Schools for sanction and payment. The Institution is on the Grant-in-aid List and the salary is being paid from the proportionate amount of fees charged from the students as well as from the amount received as Grant-in-aid by the State Government. As such, there is no Primary Section or Junior High School. The Institution is to be regarded as one unit and it is governed by the provisions of the Regulations framed under the U. P. Intermediate Education Act. The learned counsel has further pointed out that the provisions of Regulation 7 (2) are not limited only to a section of the teachers. It will equally apply to the teachers working in the J.T.C./B.T.C. Grade in an Institution irrespective of the class assigned to the teachers. In this manner, where a teacher is teaching Primary Section or Classes VI to VIII, the same is immaterial. Placing reliance on the decision of Smt. Samantika Chatterjee (supra), the learned counsel says that this case para materia both on facts as well as on the points of law is equal. A Division Bench of this court has 'interpreted the provisions of Regulation 7 (2) of the Regulations under Chapter II of the Intermediate Education Act and held that the regulation makes no distinction. It will equally apply to all the teachers whether they teach Classes I to V or Classes VI to VIII. The basic requirement is only this that the teachers should possess the necessary educational qualifications and should have taught for five years regularly in the J.T.C. or B.T.C. Grade. The Regulation will give the benefit to all such teachers. The petitioner is identically placed. She had been regularly teaching from 1972. After a lapse of five years, she under the provisions of the said Regulation became entitled to automatic promotion. The same was liable to be granted to the petitioner. But the Committee of Management did not act as is directed under the Regulation. As such, the petitioner is stagnating on the post and getting only the salary of B.T.C. Grade. The learned counsel submits that on the same analogy, as has been found in the case of Smt. Samanlika Chatterjee (supra), the relief is liable to be given to the petitioner by issuing a writ of mandamus.;