Hon'ble Kashi Nath Pandey,J.
Heard learned standing counsel appearing for the appellants. Sri Prakash Padia appears for the respondents.
The delay in filing the special appeal has been satisfactorily explained in the affidavit accompanying the delay condonation application. The delay condonation application is accordingly allowed and the matter was heard.
By the judgment under challenge in this Special Appeal the learned Single Judge has relied upon the judgments passed in Smt. Samapika Chatterji Vs. Regional Inspectress of Girls Schools [1990 Vol. 1 U.P. L.B.E.C. 239Smt. Aruna Ghosh Vs. State of U.P. [1995 Vol. 3 E.S.C. 92] decided on 04.03.2004, allowing the writ petition, and in making petitioner entitled to the difference of salary between the B.T.C. Grade and C.T. Grade with effect from 24.02.1987, and also entitled the petitioner to the difference of salary between C.T.Grade and L.T. Grade with effect from 23.02.1992.
and Learned standing counsel relied upon Commissioner, Lucknow Division and others Vs. Km. Prem Lata and others [AIR 1997 SC, 334]. In that case it was found that the primary section of Colvin Talukedars College in Lucknow is running separate primary section which is not integrally connected, with the High School and Intermediate Sections.
In Civil Misc. Writ Petition No. 17120 of 1998, Ranjana Srivastava Vs. State of U.P. and others, decided on 18.05.2004, the Court relied upon Smt. Samapika Chatterji Vs. Regional Inspectress of Girls Schools, Allahabad (1990) 1 U.P.L.B.E.C. 230 and Smt. Aruna Ghosh Vs. State of U.P. and others (1995 (3) E.S.C. 92), and held that the Government Order dated 19.08.1992, omitting Regulation 7(2), cannot be given retrospective effect, so as to affect the rights already acquired by the petitioner under the said provision, as it stood before its omission. The stand taken in the counter affidavit that the petitioner was not entitled for C.T. Grade merely because of the omission of Regulation 7(2), therefore cannot be countenanced. The Court allowed the writ petition giving benefit of C.T. Grade pay scale to the petitioner from the date the primary section was brought within the purview of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, or from 21.04.1982 whichever is later.
The Special Appeal No. 268 of 2006, Deputy Director of Education (Second) and others Vs. Smt. Archana Srivastava and another, was decided on 31.07.2008 and same view has also been taken in Smt. Sheela Arvind and others Vs. State of U.P. and others [2001 (4) ESC 1905].
Following the consistent legal opinion expressed by the Court in the aforesaid judgments, the special appeal is dismissed.
Order Date :- 15.9.2010 A. Verma