Devendra Kumar Upadhyaya, J. - (1.) Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Rajiv Singh Chauhan, learned counsel representing District Basic Education Officer, Unnao.
(2.) The petitioners are working as Teachers in the institutions being run by Basic Education Board, U.P. which is a statutory body created under Uttar Pradesh Basic Education Act, 1972 and are aggrieved by the order dated 03.01.2012 passed by the District Basic Education Officer, Unnao whereby their claim for payment of salary in the trained pay scale with effect from the date of their initial recruitment/appointment as Assistant Teachers in primary school has been rejected.
(3.) The petitioners are holders of Certificate in Physical Education (C.P.Ed.) qualification to their credit. The conditions of service of teachers including their recruitment/appointment are governed by Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred as "Service Rules, 1981"), according to which, essential qualification for appointment to the post of Teacher in primary institutions is a Certificate of Teaching course for the post of Mistresses of Nursery School. For the post of Assistant Master and Assistant Mistresses of Junior Basic Schools, the academic qualification as provided in the Service Rules, 1981 is a Bachelor's degree from a University established by law or a degree recognised by the Government as equivalent thereto together with the training qualification consisting of a Basic Teachers Certificate, Vishisht Basic Teacher's Certificate (BTC), two years BTC Urdu Special Training Course, Hindustani Teacher's Certificate, Junior Teacher's Certificate, Certificate of Teaching or any other training course recognised by the Government as equivalent thereto.;