Madhusudan Chaubey @ Madhusudan Chaturvedi vs State of U.P. and Others

Hon''ble Devendra Kumar Arora, J.—By means of present writ petition, the petitioner is challenging the impugned order dated 31.07.2007 passed by District Inspector of Schools, Balrampur, by which the petitioner has been given the designation of Lecturer with effect from 2003 (the date of acquiring the post graduation) instead of 15.02.1999.

The submission of learned counsel for the petitioner is that the petitioner was appointed in the year 1979 as Assistant Teacher (Physical Education), L.T. Grade at Bhartiya Vidyalaya Intermediate College, Utraula, Gonda. Further submission of learned counsel for the petitioner is that the petitioner from the date of his initial appointment is teaching the students of Class XI and XII and on completion of ten years service, he was given the Lecturer''s grade by the competent authority w.e.f. 15.09.1989 and subsequently he was also given revised pay-scale by means of Government Order dated 10.07.1998. In the meantime, petitioner acquired the qualification of D.P.Ed. in the year, 1990 and post graduation in the year, 2003. As the petitioner had already completed 10 years service while working in Lecturer Grade, the Committee of Management vide resolution dated 11.02.2007 referred the matter of the petitioner for grant of designation of Lecturer and the selection grade to the District Inspector of Schools. The District Inspector of Schools by means of order dated 31.07.2007 granted the designation of Lecturer to the petitioner w.e.f. 2003, but the question with respect to grant of selection grade was not considered.

Further submission of learned counsel for the petitioner is that the petitioner ought to have been given the designation of Lecturer w.e.f. 1999, when he completed 10 years service as well as the selection grade in pursuance to the Government Order dated 25.10.2000. Learned counsel for the petitioner has also relied upon the judgment of this Court passed in Writ Petition No. 39535 of 2002, Sri Brijendra Singh Vs. State of U.P. and others, in which the claim of the petitioner was rejected by the respondents on the ground that petitioner did not hold the Masters Degree in the relevant Art subject, in view of clause 4 of the Government Order dated 25.10.2000. The Court after examining the submission of learned counsel for the parties, pleased to observe that the condition imposed by the Government Order dated 28.02.1990 stipulates in clause 2 that any L.T. grade Teacher taking classes of 11 and 12 for the last ten years would be entitled to the Lecturer grade on completion of the aforesaid period and clause 3 states that in future the benefit of the Lecturers grade would only be extended to those L.T. grade teachers who hold Master''s Degree in the relevant subject. The impugned order has been passed solely on the basis that the petitioner did not hold a Master''s Degree as per the provisions of Government Order of 1990, whereas the same provides a condition for future and it has been held that the said condition would not apply in the case of petitioner as he was teaching Intermediate classes since 1987, accordingly the directions were issued to grant the selection grade and seniority.

The submission of learned counsel for the petitioner is that the petitioner is in a better position as he possesses the post graduation qualification and is teaching the subject of Physical Education to Class XI and XII from the date of his initial appointment. His case is squarely covered by the decision of this Court passed in Sri Brijendra Singh''s case (supra), therefore, the impugned order is not sustainable in the eyes of law.

Learned Standing Counsel while opposing the writ petition submitted that the petitioner has already been given the Lecturer grade w.e.f. 15.09.1989 and present case only confines to grant of designation of Lecturer in pursuance of Government Order dated 25.10.2000. The further submission is that petitioner''s case is not covered by the judgment passed in Writ Petition No. 39535 of 2002, Sri Brijendra Singh Vs. State of U.P. and others. It is also submitted that petitioner was inducted into service as L.T. grade Teacher and at the time of his entry, he was only having the qualification of B.A. and C.P.Ed. The petitioner subsequently acquired D.P.Ed. in 1990 and post graduation in Sociology subject in the year, 2003. Accordingly, in pursuance to the Government Order dated 25.10.2000, the petitioner was given the designation of Lecturer w.e.f. 2003 when he acquired the post graduation as per paragraph-4 of the Government Order dated 25.10.2000 and, therefore, the present writ petition is misconceived and does not warrant any interference.

Heard learned counsel for parties and gone through the record.

Admittedly, the petitioner was given Lecturer grade w.e.f. 15.09.1989 and the designation of Lecturer w.e.f. 2003. The perusal of impugned order dated 31.07.2007 reveals that the District Inspect of Schools, Balrampur has not taken into consideration the resolution of the Committee of Management in its correct perspective as the resolution dated 11.02.2007 was with respect to grant of designation of Lecturer as well as selection grade to the petitioner, as he had already completed 10 years service in the Lecturer''s grade on 15.09.1999. The impugned order is silent regarding grant of selection grade to the petitioner. The judgment relied upon by the petitioner supports the case of the petitioner as in the said case, the person was appointed in the year 1970 and promoted to L.T. grade in the year 1977 and subsequently he was granted lecturers grade on 01.12.1987, but subsequently, his claim of selection grade w.e.f. 01.12.1997 on completion of 10 years service in Lecturer''s grade was rejected on the ground that in pursuance to the Government Order dated 25.10.2000, he did not possess the Master''s Degree in the relevant Art subject.

This Court after considering the submission of learned counsel for parties came to the conclusion that the condition provided in the Government order of 1990 is for the future and does not apply to the incumbents already working. The relevant portion of the judgment and order passed in Writ Petition No. 39535 of 2002, Sri Brijendra Singh Vs. State of U.P. and others reads as under:-

A perusal of the Government Order dated 25.10.2000 shows that it refers to the conditions imposed by earlier Government Order dated 28.02.1990. The aforesaid Government order dated 28.02.1990 stipulates in clause 2 that any L.T. grade Teacher taking classes of 11 and 12 for the last ten years would be entitled to the lecturers grade on completion of the aforesaid period. However, clause 3 states that in future the benefit of the Lecturers grade would only be extended to those L.T. grade teachers who hold Master''s Degree in the relevant subject. The impugned order has been passed solely on the basis that the petitioner did not hold a Master''s Degree. As noted herein-above the Government order of 1990 only created a condition for future and therefore, it would not apply to the case of the petitioner because he had been teaching Intermediate classes since 1987 itself.

On due consideration, this Court finds that the petitioner is on better footing as he possesses the qualification of post graduation. Though he acquired post graduate qualification in the year 2003, but he is entitled for selection grade on completion of 10 years service after grant of Lecturers grade. The District Inspector of Schools has not considered this aspect of the matter.

Accordingly, the concerned District Inspector of Schools is hereby directed to examine the issue in the light of the observation made hereinabove for grant of selection grade to the petitioner and pass appropriate orders within two months from the date of receipt of a certified copy of this order.

Thus writ petition is allowed.