JUDGEMENT
S.P.MEHROTRA,J. -
(1.) THE petitioners have filed the present Writ Petition under Article 26 of the Constitution of India, inter alia, praying for issuance of writ, order or direction of a suitable nature commanding the respondents to sanction L.T. Grade of pay scale w.e.f. 1.1.1986 and the selection grade pay scale of L.T. Grade w.e.f. 1.1.1996 to the petitioners, and to make all payments, regularly, every month in accordance with such re-fixed salary, and further, for commanding the respondents to disburse to the petitioners the arrears of their salary arisen on account of such refixation of salary within a period specified by this Court.
(2.) IT is, inter alia, averred in the writ petition that Kunwar Dhakan lal Inter College, Sahoda, Bareilly and Maulana Azad Inter College, Bareilly are both recognized and aided educational institutions and are governed by the provisions of the U.P. Intermediate Education Act, 1921, the U.P. Act No. 5 of 1982 (i.e., The Uttar Pradesh Secondary Education [Services Selection Boards) Act, 1982] and the U.P. act No. 24 of 1971 [i.e. The Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971], and that the petitioner No. 1 is working as a Lecturer in Economics at Kunwar Dhakan lal Inter College, Sahoda, Bareilly, while the petitioner No. 2 is working as an Assistant Teacher in L.T. Grade in Maulana Azad Inter College, Bareilly; and that both the petitioners have common grievances with regard to erroneous fixation of the salary of the petitioners as detailed in the writ petition.
As regards the petitioner No. 1, it is, inter alia, further averred in the writ petition that the qualification of the petitioner No. 1 are Master of Arts in Economics, Master of Arts in Political Science and a B.T.C. training certificate; and that the petitioner No. 1 was appointed as an Assistant Teacher in B.T.C. Grade in the said institution on 7.8.1974; and that on completion of 5 years' length of service, the petitioner No. 1 was granted suo motu promotion to C.T. Grade under Regulation 7 of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. As per the date-chart filed with the writ petition, the date of sanction of C.T. Grade to the petitioner No. 1 was 1.7.1979.
(3.) IT is, inter alia, further averred in the writ petition that the petitioner No. 1 was absorbed in L.T. Grade of pay scale w.e.f. 1.7.1989, and has been sanctioned the selection grade pay scale of L.T. Grade i.e., the pay scale of Rs. 6500-10500 w.e.f. 1.7.1999; and that on 1.8.2006 the petitioner No. 1 has been promoted as Lecturer in Economics and is presently working as such.;
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