S.J.HYDER,J. - (1.) THE only question which I am required to determine In this second appeal is about the true scope and ambit of the first proviso to sub-section (1) of section 9 of the U.P. Basic Education Act (U. P. Act No. 34 of 1972.
(2.) IT may be stated that the responsibility for primary education had rested with the Zila Parishad in rural areas and with the Municipal Boards and the Nagar Mahapalikas in the urban areas until the aforesaid enactment was passed. The Legislature was of the view that the administration of the pri­mary education through the instrumentality of the said local bodies was not satisfactory. It was considered necessary to reorganise, reform and expand elementary education and with the aforesaid object, U.P. Act No. 34 of 1972 was enacted and it received the assent of the President on August 17, 1972 and was published in U. P. Gazette Extraordinary dated August 19, 1972. The Act provides for the constitution of a Board known as Uttar Pradesh Board of Basic Education. It defines the function of the Board which includes among others the exercise of supervision and control over basic schools and normal schools. Section 9 (1) of the Act insofar as it is relevant is reproduced below:- "9. Transfer of employees.-(1) On and from the appointed day every teacher, officer and other employees serving under a local body exclusively in connection with basic schools (including any supervisory or inspec­ting staff) immediately before the said day shall be transferred to and become a teacher, officer or other employee of the Board and shall hold office by the same tenure, at the same remuneration and upon the same other terms and conditions of service as he would have held the same if the Board had not been constituted and shall continue to do so unless and until such tenure, remuneration and other terms and conditions are duly altered by the Board." Provided that any service rendered under local body by any such teacher, officer or other employee before the appointed day shall be deemed to be service rendered under the Board."
(3.) APPOINTED day' has been defined to mean the day on which the Board is established.;