- (1.) Heard Sri A.K. Goyal, learned counsel for appellants and Sri Indra Raj Singh, learned counsel for respondents.
(2.) This intra-Court appeal, under Chapter-VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as 'Rules, 1952'), has arisen from judgment dated 16.11.2018 passed by learned Single Judge holding that as per Government Order dated 20.12.2001, requirement of selection grade is 10 years satisfactory service and 12 years satisfactory service for promotional selection grade. The relevant clause is as under:- "(b) Secondary Education (1) The teachers/lecturers of the Secondary Educational Institutions, on successful completion of 10years of satisfactory service in ordinary pay-scale, shall be granted selection scale and after completion of 12 years of satisfactory service in the selection scale, shall be granted promotional scale." (Translation by Court)
(3.) In fact, appellants have said that petitioner-respondents was regularized on 9.8.2016, therefore, for the purpose of 10 years satisfactory service for selection grade, time will commence from the date of regularization since only 10 years regular service will count. We find, however, that aforesaid Government Order, no where talks of 10 years 'regular service' or 'substantive service'. It talks of only 10 years satisfactory service. In fact, earlier Government Order dated 8 March 1995 clarifies Government Order dated 4 October 1989 and 5 March 1992 and specifically provide that it is only ten years 'continuous satisfactory' service, after the date of regularization, will count for the purpose of selection grade but Government Order dated 20 December 2001, Government knowingly and voluntarily mention only 10 years satisfactory service and do not provide 'regular service' or 'substantive service'.;