S.U. Khan, J. - (1.) HEARD learned counsel for the parties.
(2.) PETITIONER Nos. 1 and 2 are Assistant teachers in Government Girls' Intermediate College (G.G.I.C.) Phoolpur, district Allahabad. PETITIONER Nos. 3 to 6 are Assistant teachers in G.G.I.C. Shankergarh, district Allahabad. PETITIONERs are teaching to Junior High School Classes (I to VIII). The qualification of all the petitioners is Inter B.T.C. PETITIONERs were appointed on different dates in the year 1991. In pursuance of an earlier judgment given in the writ petition No. 7784 of 1989 filed by Government Teachers Association (Rajkiya Shikshak Sangh) Government passed a Government Order on 8.7.1992 granting new pay scale/revised pay scale to Assistant teachers in Government Girls' Junior High Schools and Primary Schools. In para 7 of the writ petition it has been stated that the colleges in which petitioners are teaching were initially established as Government Junior High Schools imparting education from Class I to Class VIII and afterwards they were upgraded to High schools and thereafter Intermediate Colleges. It has also been stated that there are 31 other Government Girls Intermediate Colleges in district Allahabad which were initially Junior High Schools. After the acceptance of recommendations of 5th Pay Commission by the Central Government, Government of U.P. issued directions for providing the benefit of the same to the teachers also. Thereafter, Joint Director of Education Allahabad through order dated 1.4.2002 directed the Principals of Government Colleges including the colleges in which petitioners are working to pay the salary in the revised pay scale to the teachers. However, salaries in the revised pay scale were not paid to the petitioners. Accordingly, petitioners along with another similarly situate teacher Smt. Anita Kesarwani filed writ petition No. 18684 of 2003 in which an interim order was passed on 15.10.2004 and thereafter revised pay scale was paid to the petitioners and Smt. Anita Kesarwani. However, through order dated 31.3.2005 Joint Director of Education reverted the petitioners to the old pay scale and directed recovery of the amount paid in excess due to applicability of revised pay scale. Consequent order was passed on 3.5.2005. Thereafter petitioners filed another writ petition being writ petition No. 41860 of 2005. Both the writ petitions were disposed of on 24.7.2006 directing the respondent No. 2 Joint Director of Education, Allahabad to decide the matter. Meanwhile, Smt. Anita Kesarwani was continued to be paid revised pay scale.
(3.) RESPONDENT No. 2 through order dated 8.11.2006 rejected the claim of the petitioners. Said order is contained in Annexure 11 to the writ petition and has been challenged through this writ petition. In the impugned order it has been mentioned that the pay scale which is claimed by the petitioners and which was erroneously paid to them for some time is admissible only to teachers of Government Basic Schools (Class I to VIII) and not to the teachers of Government Secondary Schools and Colleges (Class IX to XII). It has further been mentioned that as far as Smt. Anita Kesharwani is concerned, as soon as she came to know that the revised pay scale is applicable only to teachers teaching in B.T.C. Grade in Basic Schools, she got herself transferred to Government Girls Senior Basic School Shuklpur, Allahabad hence the revised pay scale was continued to be paid to her.;