PRADEEP KUMAR SINGH BAGHEL,J. - (1.) The petitioner was a Lecturer in a recognised and aided institution, known as Adarsh Inter College, Achalda, District Auraiya Institution, which is governed under the provisions of the Uttar Pradesh Intermediate Education Act, 1921 and the Regulations framed thereunder. The petitioner has instituted this writ petition for issuance of a writ of certiorari to quash the order dated 06th March, 1999 passed by the first respondent, the District Inspector of Schools, Etawah whereby the claim of the petitioner for fixation of his pay scale in terms of the Government Order dated 06th November, 1989 has been rejected.
(2.) Briefly stated the facts are that the petitioner was initially appointed as an Assistant Teacher in L.T. Grade in the institution on 15th July, 1964. He was promoted on the post of Lecturer on 06th September, 1996. It is stated that prior to his promotion on the post of Lecturer, when the petitioner was in the L.T. Grade, he was getting Trained Graduate Selection Grade in the pay scale of Rs.1640 -60 -2540 -EB -75 -2765, whereas at the material time the pay scale of Lecturer was Rs.1600 -50 - 2300 -EB -60 -2660. From the aforesaid two pay scales it is clear that the petitioner was getting a higher scale of pay in the L.T. Grade as he was granted selection grade of the Trained Graduate.
(3.) The petitioner has placed reliance on a Government Order dated 06th November, 1989, wherein it is provided that on promotion an incumbent would get one increment in the time -scale of the initial salary in the next higher grade. A copy of the said Government Order is placed on the record as annexure -2 to the writ petition. Subsequently, the State Government issued another Government Order dated 02nd February, 1995, wherein it is provided that an L.T. Grade teacher getting the selection grade on being promoted on the post of Lecturer would get higher pay scale of Rs.1640 - 2765 on personal basis. The District Inspector of Schools in the light of the aforesaid Government orders granted one increment on the new time -scale next above his pay. Consequently, it is stated that the petitioner's salary was fixed at Rs.2615/ -. A copy of the order of the District Inspector of Schools dated 11th September, 1996 has been brought on the record as annexure -3 to the writ petition.;