MITHLESH BHARADWAJ Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2008-7-274
HIGH COURT OF ALLAHABAD
Decided on July 17,2008

Mithlesh Bharadwaj Appellant
VERSUS
State Of U.P.And Others Respondents

JUDGEMENT

ARUN TANDON, J. - (1.) PETITIONER before this Court was appointed as Assistant Teacher in Smt. Shushila Devi Vanasthali Balika Inter College, Partapur, District Meerut on 1st July, 1974. On completing five years of service in terms of the Government Order applicable, she was granted L.T. grade w.e.f. 21.11.1979. In view of Section 33-D as added to the U.P. Secondary Education Services Selection Board Act, 1982 as also in view of the amendments, which were made in the regulations framed under the Intermediate Education Act, a teacher draw­ing salary in L.T. grade is deemed to have been promoted in L.T. Grade on 1.1.1986 if he/she has completed ten years of service as such on 1.1.1986 date or from the date when he/she subsequently completes ten years of service from the date he/she was granted L.T. grade. In the facts of the present case the said period of ten years would expire on 20.11.1989 and, therefore, with effect from the said date the petitioner would be treated to have been promoted on substantive basis as L.T. grade teacher.
(2.) ON 28th February, 1990 another Government Order was issued, which provides that teachers who have been appointed in respect of the Art subjects; namely Art, Physical Training, Language, Home Science, Shilp, Music, Tribhasha, Painting, Typing, Shorthand and Craft would become entitled for grant of Lecturer's grade from the date they complete ten years of service in L.T. grade provided they have been teaching Classes XI and XII for these ten years. Counsel for the petitioner submits that the institution where the petitioner is working was granted recognition for Intermediate classes under a letter of the State Government dated 25.9.1983, which amongst other included the subject of Sanskrit. In pursuance thereof permission to Start the classes was also granted by the Regional Inspectress of Girls Schools, Meerut Region, Meerut under letter dated 2nd November, 1983. It is stated that the petitioner has been continuously teaching the subject of Sanskrit to the students of Classes XI and XII since 1983 as there is no other teacher qualified to impart education to the students of Inter­mediate classes in the said subject.
(3.) IN these set of facts it is contended that the petitioner on completing ten years of teaching the students of Intermediate classes, subsequent to her being declared as L.T. grade teacher, becomes entitled to grant of Lecturer's grade. The representations filed by the petitioner claiming Lecturers' grade were not being considered by the District Inspector of Schools, therefore, she approached this Court by means of Writ Petition No. 11024 of 2007. The writ petition” was dis­posed of vide order dated 28, 2.2007 with a direction upon the District Inspector of Schools to consider and decide the representation of the petitioner.;


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