- (1.) D. K. Seth, J. In this writ petition the order dated 10-12-1987 (Annexure-12 to the writ petition) passed by respondent No. 1 namely, District Basic Shiksha Adhikari, Allahabad, by which the petitioner's representa tion was rejected, has been impugned, seeking a writ of- mandamus directing the respondents to regularise the petitioner's service as a trained teacher and to pay him the entire arrears of his salary in trained teachers' grade in the revised pay-scale.
(2.) THE petitioner's contention is that he was appointed as untrained Assistant Teacher in the Adarsh Janta Vidyalaya, Shastri Nagar, Soraon, Allahabad (hereinafter referred as Junior High School) which was temporarily recognised in the year 1973. Subsequently after having recognition temporary in the year 1973 the respondents recognised the School in the year 1974 and the Committee of Management of the School in the year 1975 opened primary section, for which common attendance register along with the Junior High School teachers were maintained till 1980-81. . Since there was dearth of teachers the petitioner used to teach in the Primary section as well, though he was appointed in the Junior High School. The petitioner was selected for training in two years course by the Basic Shiksha Adbikari, respondent No. 1 on 21-2-1980. The petitioner in order to avail of the training known as 'minima Test' prescribed under the Government Order No. 2186/15 (13)-1499 (8)/77 of 1978, by which the working untrained teachers were eligible to appear in 'karyarat Adhyapak Praman Patra Pariksha' on completion of five years regular service. After having plucked on the first occasion in the year 1983, the petitioner passed 'minima Test' in the year 1987. In the meantime he had also passed Intermediate examination in the year 1983. The said school came under grant-in-aid scheme in the month of April 1982. Consequently whereupon the provisions of U. P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978, became applicable. But the petitioner's name was not included in the grant-in-aid list, for which he preferred several representations but nothing was done, due to which he filed Writ Petition No.-----of 1987 which was disposed of on 26th October, 1987 by this court directing the respondents to decide the petitioner's representations within six weeks from the date of service of a certified copy of the order upon him. Persuant to the said order, vide order dated 10-12 1987 the respondent No. 1 decided the petitioner's representation holding that the petitioner cannot be paid his salary in accordance with the rules framed under Payment of Salaries Act, which has been filed as Annexure 12 to the writ petition being subject matter of challenge herein. Despite the Circular dated 28- 5-1983 (Annexure 14 to the writ petition) by which it was provided that the teachers working prior to coming into operation of the U. P. Recognised Basic Schools (Junior High Schools) (Recruitment and Con ditions of Service of Teachers) Rule, 1978 shall be deemed to be approved automatically since 1987 the petitioner has not been allowed by the respon dents No. 2 and 3 to enter the School premises and no salary has been paid to him since August, 1987 and even for the earlier period he has only been paid part of the salary due to him. It is on this background the petitioner has filed the present writ petition claiming regularisation of his service in the trained grade of Junior High School upon exemption from training in terms of Government order of 1978 (Annexure 2 to the writ petition) and the Circular dated 28-5-1983 (Annexure 13 to the writ petition) and for treating him as a teacher appointed in the Junior High School.
(3.) IN the Counter Affidavit the respondent No. 1 has made out a case that the petitioner was appointed in the Primary section. The petitioner by his application dated 28th July, 1984 applied for appointment in Primary Section of the said school, which has been filed as Annexure CA-2 to the Counter affidavit. Since the petitioner's name was not sent for approval in the Junior High School, therefore,, he could not have any case on the basis of record forwarded. It appears that the petitioner was appointed as assistant teacher in the Junior High School without payment of salary for 'short' time and he was transferred in Adarsh Janta Primary School, thereafter. The respondents No. 2 and 3 in their Counter-Affidavit made out a case that the petitioner was not qualified for appointment as assistant teacher in the Junior High School, he was only Purva Madhyamik at that point of time, yet he was given short term appointment. The Primary section was started in the year 1974 and recognised in the year 1975, then the petitioner was initially appointed in Primary section and not for Junior High School and he had always been teaching in the Primary section. Though common attendance register was maintained but the teachers of Junior High School is to sign at the top when the teachers of Primary section is to sign below, as would ap pear from the attendance register of July 1974 (Annexure CA 5 to the Counter affidavit) and subsequent register being Annexure* CA 6 and CA 7 to the counter affidavit respectively. The Junior High School came under grant-in-aid Scheme in the year 1982, therefore, the teachers of Junior High School became entitled to the salary under the payment of Salaries Act and the petitioner's name could not be forwarded because he was in Primary section. Therefore, he cannot claim regularisation of hit appointment in the Junior High school and the consequential benefits.;