- (1.) B. S. Chauhan, J. In this peti tion a question has been raised, i. e. the interpretation of certain Government Or ders giving the benefit of L. T. Grade to the teachers working in C. T Grade.
(2.) PRIOR to 1989 teachers used to be appointed in various grades like B. T. C. and C. T. etc. Regulation 7 (2) of Chapter II of the Regulations framed under U. P. In termediate Education Act, 1921 provided for the promotion from B. TC. Grade to C. T Grade. The aforesaid provision was deleted by means of a Notification dated 19-8-1992. The Government issued a G. O. on 3-6-1989 declaring the C. T Grade as Dying Cadre. This Court, while deciding the case of Santosh Kumar Singh v. District Inspec tor of Schools, Meerut and others, 1995 E. S. C. 92, gave the interpretation to the terms of the said Government Order dated 3- 6-1989 as under: "the C. T. Grade is now a Dying Cadre and those who have completed five years in C. T. Grade automatically become L. T Grade teachers, and there is no question of considering their suitability. Since the petitioner was ap pointed as C. T. Grade teacher on 1-12-1981 he completed five years on the post on 1-12-1989, he is entitled to be promoted on L. T Grade retrospectively from 1-12-1989. " The State issued another Govern ment Order on 19-10-1989 which provided that the C. T Grade had been declared as Dying Cadre with effect from 11th August, 1989 and, thus, no teacher shall be ap pointed in C. T. Grade nor any post shall be sanctioned in C. T Grade. However, it provided further that the teachers who are working in the C. T. Grade and possess the requisite qualification provided in the Government Order dated 2nd June, 1989 and had completed ten years satisfactory service, they shall be entitled for L. T. Grade. The aforesaid Government Order was further amended by another Govern ment Order dated 2-12-1989 which modified the earlier Government Order to the extent that the teachers working in C. T Grade and possess the requisite qualifica tion as provided under the earlier Govern ment Order dated 2-6-1989 and have com pleted five years in C. T. Grade and have completed ten years satisfactory service shall be given L. T. Grade. Thus, the Government Order dated 2-12-1989 has modified the earlier Government Order to the extent that out of ten years service, five years service should be in the C. T. Grade to make a person eligible for considera tion of the grant of L. T. Grade. The issue was considered by this Court in the case of Stnt. Aruna Ghosh v. State of U. P. and others, 1995 (2) UPLBEC 763, and this Court held that a C. T. Grade teacher would be entitled to get L. T. Grade if he has completed the five years service in C. T. Grade and ten years satisfactory service as a teacher and is possessed of the requisite training and other academic qualifica tions.
(3.) IN the instant petition the issue has been raised that the petitioners had been appointed directly in C. T. Grade. There fore, they become entitled for L. T. Grade after completing five years service in C. T. Grade. Sri S. U. Khan, learned counsel for the petitioners has argued that the terms and conditions in the subsequent Govern ment Order dated 2-12-1989 to the extent that the C. T. Grade teachers shall be granted L. T. Grade after completing five years service in C. T. Grade and their ten years service is found satisfactory are self-contradictory. The contention is without any force. The requirement of the Govern ment Orders issued from time to time, according to me, are as under: (1) A person could be appointed in L. T. Grade after completing the five years service in C. T. Grade provided he is possessed of the req uisite qualifications and a post is available in the promotion quota as required mandatorily under the Rules his claim may be considered for promotion to the post in L. T. Grade. (2) The judgment in Santosh Kumar Singh (supra) providing for automatic promotion has not been decided correctly as the Government Order declaring the C. T Grade as a Dying cadre does not make a teacher in C. T Grade entitled for promotion in the L. T Grade as the promo tional quota may not be available and declaring C. T. Grade as Dying Cadre means that no ap pointment shall be made in C. T Grade after the issuance of the said Government Order, but the teachers in C. T. Grade would continue to remain in the said Cadre till they are promoted to L. T Grade in promotional quota strictly in accordance with law. (3) The teachers if they have been promoted to C. T. Grade from B. TC. Grade would become eligible for consideration of the L. T Grade if they had completed five years teaching experience in C. T. Grade. (4) The teachers working in C. T Grade if they are not promoted under the promotional quota would become eligible for consideration of the grant of L. T. Grade (Not promotion to the post in L. T. Orade), if they possess the requisite qualifications and their services of ten years are found to be satisfactory.;