S.C. Mathur, J. - (1.) This petition is by Sri Jagdish Chandra Awasthi and Sri Arjun Singh and is directed against the State of Uttar Pradesh and the Director of Education, U.P. The petitioners are Assistant Teachers in Intermediate and Higher Secondary Schools run by the State Government. They teach students of classes VI to VIII. Their grievance is that in certain matters pertaining to their service conditions they have been discriminated against by the State Government and certain actions of the State Government are arbitrary. A few facts necessary to decide the petition may be noticed.
(2.) In the State of Uttar Pradesh there are four categories of educational institutions imparting instructions to students of classes VI to VIII. There are - (1) Basic Schools Governed by the U.P. Basic Education Act and run by the U.P. Basic Education Board; (2) Model Schools run by the State Government; (3) Intermediate and Higher Secondary Schools run by the State Government; and (4) Intermediate and Higher Secondary Schools run by private bodies. The minimum qualification prescribed for Assistant Teachers of these institutions is Intermediate pass with the training qualification of JTC, BTC or HTC. After the recommendations were received by the State Government of the First Pay Commission (1972 - 73), the State Government fixed the scale of Rs. 200 - 320 for the teachers of Basic Schools. The same scale was allowed to teachers of Model Schools and all the Intermediate and Higher Secondary Schools run by the State Government. Later the scale of teachers in Model Schools was revised to Rs. 210 - 330. The scale of teachers of Intermediate and Higher Secondary Schools run by private bodies was fixed at Rs. 195 - 315. However, by a later Government Order they were also allowed the scale of Rs. 200 - 320. Thus Assistant Teachers working in various categories of Schools, except Model Schools, came to have identical scales of pay (Rs. 200 - 330); as already noticed the Assistant Teachers of Model Schools have been allowed Rs. 10.00 extra at the minimum of the scale as also at the maximum of the scale. The Second Pay Commission submitted its report some lime in the year 1980. On the basis of the recommendations made by it, two scales were introduced for JTC/BTC trained Assistant Teachers. The lower scale was Rs. 400 - 620 and the higher scale was Rs. 450 - 720. The higher scale was payable to those Assistant Teachers who had worked for ten years in the lower scale. These scales were available to Assistant Teachers of the Government Intermediate and Higher Secondary Schools as well as to teachers of private Intermediate and Higher Secondary Schools. The scale of Rs. 450 - 720 was provided for CT Grade also. Teachers working in JTC/BTC Grade were entitled to be promoted to the Intermediate and Higher Secondary Schools. CT Grade. On 29-12-1981 the Government issued an order whereby Selection Grade of Rs. 620 - 820 was introduced for Assistant Teachers of Government run Schools and Colleges who were working in CT Grade (scale of Rs. 450 - 720) a copy of this order has been filed as Annexure 6 to the writ petition. By another order of the same date, the Selection Grade of Rs. 620 - 820 was allowed to C.T. Grade Assistant Teachers of Private Intermediate and Higher Secondary Schools receiving aid from the State Government also. A copy of this order is Annexure 7 to the writ petition. The Government Order contained in Annexure 7 has been partially amended by Government Order date 26.6.1982 whereby the Selection Grade of Rs. 620 - 820 has been allowed to Assistant Teachers (Intermediate trained) who were fixed in the pay scale of Rs. 450 - 720. Under the two Government Orders issued on 29-12-1981, the Selection Grade of Rs. 620 - 820 becomes available only to those Assistant Teachers who have put in sixteen years of continuous and satisfactory service in the scale of Rs. 450 - 720. This applies to Assistant Teachers of Government Schools and Colleges as well as to Assistant Teachers of private Intermediate and Higher Secondary Schools receiving grand - in - aid from the U.P. Government. By Government Order dated 22-12-1983, Annexure 9, the method of computing sixteen years continuous service in the lower Grade has been altered in respect of Assistant Teachers of private Intermediate and Higher Secondary Schools. Under this Government Order, Assistant Teachers of the Private Schools shall be entitled to count their period of service in the scale of Rs. 400 - 620 also in computing the period of sixteen years. The distinction which thus occurs between the teachers of Government Schools and private Schools is that while teachers of private Schools will be entitled to have the benefit of service in the scale of Rs. 400 - 620 also for counting sixteen years period of service, this benefit will not be available to teachers of Government Schools. The petitioners who are Assistant Teachers in Intermediate and Higher Secondary Schools run by the State Government as sail this Government Order on the basis of discrimination. According to them, there is no reasonable basis for discriminating between Assistant Teachers working in Government Schools and in private Schools and giving preferential treatment to teachers of private Schools. This is the first grievance of the petitioners.
(3.) The second grievance of the petitioners is in respect of promotion to the CT Grade of Rs. 450 - 720. According to them those who have already worked in the scale of Rs. 400 - 620 for ten years and have been allowed the scale of Rs. 450 - 720, promotion to the CT Grade brings no benefit as the CT Grade also carries the same scale of Rs. 450 - 720. This according to the petitioners is arbitrary.;