Mahesh Chandra Tripathi, J. - (1.) Heard learned Counsel for the petitioner, Shri B.B. Pandey, learned Additional Chief Standing Counsel for the State respondents and Shri D.P. Singh, learned counsel for second to fourth respondents.
(2.) Shyam Lal, who has retired as Assistant Teacher on 30.06.2009, is before this Court assailing the validity of order dated 15.09.2017 passed by the District Basic Education Officer, Lalitpur whereby the claim of the petitioner for grant of promotional pay scale has been rejected in compliance of Government Order dated 20.12.2001 and further prayed to command the respondents to accord promotional pay scale to the petitioner w.e.f. 17.10.2000.
(3.) In support of his submission, learned counsel for the petitioner has placed reliance on the order dated 07.11.2001 passed by learned Single Judge of this Court in Writ A no.36809/2008 (U.P. Senior Basic Shikshak Sangh vs. State of U.P. and others) whereby the writ petition was allowed with following observations:- "6. Considered the submissions of learned counsel for the parties. By the same Government Order dated 20.12.2001, in Para (ka) for Basic teachers, there is limit of 20% of Selection grade teacher for grant of promotional pay scale after completing 12 years satisfactory service in Selection grade but in Para (kha) of the same Order, applicable to the Secondary Education teachers, there is no such limit. As far as the Selection grade is concerned, there is no such limit and the provisions are same for the Basic teachers as well as for Secondary Education teachers. It has been provided for both the teachers that after completing 10 years of satisfactory service, they will be entitled for Selection grade. From time to time to remove the difficulties, Government Orders were issued and by Government Order dated 6.12.2004, it was provided that for granting promotional grade to the Headmaster, the list of Headmasters are to be prepared district wise taking the district as one unit and for other Basic teachers, the list was to be prepared institution wise treating the institution as one unit but even in that Government Order, the 20% limit was maintained. 7. There are number of Government Orders by which the Selection and Promotional grade were provided to the teachers of Higher Education, to the non teaching staff of the different institutions and Employees of the State Government, but no such limit has been provided in any of the Government Orders passed for providing Selection grade or Promotional grade. Even in the impugned Government Order for providing Selection grade, there is no condition of 20% limit either for the Basic teachers or for the Secondary teachers. However, only for providing promotional pay scale, the condition of 20% limit has been provided. 8. As far as the Secondary teachers are concerned they are of different category being at a higher grade and cadre. However there is not only discrimination with teachers of Secondary education but there is a discrimination in between the teachers of Basic Education themselves. All those teachers who have completed 10 years satisfactory service in Selection grade will not be entitled for Promotional grade if they are beyond the 20% of post of Selection grade. If there is 5 post of Selection grade in any institution and 2 teachers have completed 12 years satisfactory service in Selection grade then only one teacher would be entitled to be selected for Promotional grade. As far as the Promotional grade for the Headmaster is concerned, subsequently, by the Government Order dated 6.12.2004 and thereafter on 3.1.2008, it was provided that while calculating 20% of Selection grade if the number is in between 0.5 to 1.0 that will be considered as 1. It was also provided that for preparing the list of Headmaster, the district would be treated as one unit. Hence, if the Headmaster of Institution A, B, C, D have completed 12 years satisfactory service in Selection grade, the Promotional pay scale will be awarded up to the limit of 20% of Selection grade, hence, while preparing the list, the Headmasters of all the institutions would not be entitled for Promotional grade, in spite of the fact that they have completed 12 years satisfactory service in Selection grade and Promotional grade would be given only to one Headmaster. It was informed that most of the Headmaster and teachers retired without getting Promotional pay scale after completing long satisfactory service. Hence, it is clear that there is not only discrimination in between the Higher Secondary teachers and Basic teachers in the Government Order dated 20.12.2001 which was amended on 6.12.2004 and thereafter on 3.1.2008, but there is clearly discrimination amongst the Headmaster and other teachers of the Basic Education institution themselves. Our State is a Welfare State and according to Article 14 of the Constitution of India, "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." Hence, there is clear discrimination and violation of Article 14 of the Constitution of India, because the Basic teachers have not been treated equally only with the Higher Secondary teachers but even amongst the teachers of Basic Education themselves, there is no equal treatment. All those teachers, who are of the same? grade and category even after completing 12 years of satisfactory service in Selection grade will not be entitled for Promotional grade. There is discrimination between same class and category of teachers. The different treatment was with the Basic teachers, which attracted the Article 14 of the Constitution of India. 9. In view of the aforestated discussion, the 20% condition provided in the Government Order dated 22.12.2001 which was mentioned subsequently in other Government Orders including Government Orders dated 6.12.2004, 3.1.2008 and 22.3.2003 being unreasonable and discriminatory are hereby quashed. The Principal Secretary (Education), State of U.P., Lucknow is directed to issue the direction to the Director Basic Education and all the District Basic Education Officers and Finance and Accounts Officers of the State of U.P. to prepare the list and provide Promotional grade, in compliance of this order, expeditiously, without unreasonable delay, preferably within three months. 10. Accordingly, the present Petition is hereby allowed. No order as to cost. 11. Let a copy of this order be supplied to Mr. K.K.Chand, learned Standing Counsel for follow up action.";