ARUN TANDON,J. - (1.) HEARD Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddhartha Khare, learned counsel for the petitioners, Sri Vimal Chandra Mishra, learned counsel for respondent nos. 2 and 5 and Sri Mahesh Chandra Chaturvedi, learned Chief Standing Counsel for the State-respondents.
(2.) WITH the consent of parties, this writ petition is being disposed of finally at this stage without calling for any further affidavit, specifically in view of the order proposed to be passed today. Petitioners, who are six in number, claim to have been appointed in primary institutions in District Banda run by the Basic Shiksha Parishad, U.P. at Allahabad in the year 1997. The appointment on the post of Assistant Teachers in primary institutions run by the Basic Shiksha Parishad is regulated by the provisions of Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as the 'Rules, 1981' ). It is not in dispute that under Rule-8 of Rules, 1981 essential qualification proscribed for appointment on the post of Assistant Teachers amongst others, necessarily requires a Teachers Training Certificate, such as BTC, HTC or any other qualification declared equivalent thereto by the State Government. It is further not in dispute that the petitioners on the date of their appointment were untrained and therefore, they were granted fixed pay only.
(3.) IT is contended that under the Government Order dated 24th April, 2002, petitioners on completing five yeas of continuous service as untrained teachers, have been sanctioned trained grade in support thereof, reference has been made to the letter of the Basic Shiksha Adhikari, Banda dated 29th June, 2002. Some of the petitioners are possessed of a degree of C.P. Ed., which is not one of the essential qualification recognised under Rules, 1981.;