SANGEETA CHANDRA, J. - (1.) This appeal has been filed by the State appellants challenging the judgment and order dated 04.04.2016 passed by the Hon'ble Single Judge, wherein the Hon'ble Single Judge has directed that the petitioner shall be entitled to pension under the provisions of UP State Aided Educational Institutions Employees Contributory Provident Fund, Insurance and Pension Rules, 1964 (herein after referred to as Pension Rules of 1964) and in case, the management contribution has not been deposited, the same shall be deposited within one month from the date of passing of the order. It has been further directed that the Authorities shall proceed to compute the pension of the petitioner taking into account the total length of service rendered by them as qualifying service in the light of judgment rendered in Writ A No. 28679 of 2009 (Krishna Prasad Yadav v. State of U.P.) and in Civil Appeal No. 3989 of 2006 (State of U.P. and others v. Pawan Kumar Dwivedi and others) decided by the Supreme Court. A further direction has been made that pension should be computed and paid to the petitioner from the date of superannuation within a period of two months from the date of production of certified copy of the judgement and order dated 04.04.2016. The orders passed by the Deputy Director of Education and District Inspector of Schools, Mau rejecting the claim of petitioner for salary of Trained Grade Assistant Teacher have also been salaried.
(2.) The facts of the case as pleaded by the learned Standing Counsel on behalf of the State appellants are that the respondent-petitioner was initially engaged as untrained teachers in attached primary section of Bhadaon Inter College, Thalaipur, District Mau on 10.09.1978 and since the petitioner was not being paid salary of trained grade in terms of the Government Order dated 21.10.1994, the respondent-petitioner made repeated representations, which representations were not being decided and therefore, petitioner filed Writ Petition No. 25292 of 2014 (Keshav Pandey v. Joint Director of Education, Azamgarh region Azamgarh and three others), which was finally disposed of by this Court on 02.05.2014 directing the District Inspector of Schools, Mau to take an appropriate decision in the matter. Thereafter, the Joint Director of Education, Azamgarh, Region Azamgarh passed an order dated 07.02.2014 rejecting the representation of the respondent petitioner for salary in trained grade and in consequence thereof the District Inspector of Schools, Mau also passed an order dated 21.04.2014 declining the fixing of salary of the petitioner in Trained Grade. The respondent petitioner thereafter filed Writ Petition No. 29332 of 2014 (Keshav Pandey v. Joint Director of Education and three others), which has been decided by the Hon'ble Single Judge by means of impugned judgment and order dated 04.04.2016. It has been argued by the State-appellants that a counter affidavit has been filed in the aforesaid writ petition and also a supplementary counter affidavit disputing the claim of the respondent petitioner for trained graduate grade on the ground that when the respondent-petitioner was appointed as Assistant Teacher, the primary section of Bhadaon Inter College, Thalaipur, District Mau, was unaided, although recognised. Due to refusal of the State to take the Institution under grant in aid, the said Institution filed Writ Petition No. 24344 of 2006 (Committee of Management, Bhadaon Higher Secondary School, Mau v. State of U.P. and others) wherein this Court passed an order dated 04.05.2006, in compliance of which the Government vide order dated 15.05.2007 directed for payment of salary to the teachers working in attached primary section. In pursuance of the aforesaid Government Order dated 15th May, 2007, the District Inspector of Schools, Mau issued an order/letter No. 3859-64/2008 dated 24.04.2008 granting approval for payment of salary of untrained grade to the respondent petitioner and others.
(3.) In the counter affidavit, it was clearly stated that the case of the petitioner was not covered under the Government Order dated 21.10.1994, which extended the exemption of training and provided benefit of trained grade salary to those teachers of attached primary section of Intermediate College, who had completed ten years of service on or before 01.09.1994 or only two years of their service had been left before retirement of such teachers. Instead the respondent-petitioner was governed by the provisions of Government Order dated 09.12.2003, which provided that untrained Assistant Teachers working in attached but unaided primary sections of recognised and aided Secondary Institution, who had completed five years of service on before 31.12.2003 or only two years of service remained before retirement could be considered for exemption from training with certain conditions. As the petitioner' case did not fall within the parameters fixed by the Government Order dated 09.12.2003, his case was rejected by Joint Director of Education, Azamgarh on 07.02.2014 and by the District Inspector of Schools on 21.01.2014.;