Court No. - 33
Case :- WRIT - A No. - 3514 of 2019 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C.,Awadhesh Kumar Hon'ble Ashwani Kumar Mishra,J.
Petitioner's mother was an assistant teacher in Primary School run by the Basic Shiksha Parishad. Her initial appointment was as assistant teacher in 1993 and she died while in service in the year 2011. Petitioner moved an application for compassionate appointment and his claim was accepted. He was offered appointment on the post of assistant teacher as an untrained teacher vide order dated 18.05.2013. This order was issued in compliance of the Government Order dated 04.09.2000, which provided that where dependent of deceased teacher otherwise possesses requisite qualification but is not possessed of training qualification then he shall be appointed as assistant teacher and would be paid salary in the untrained grade. The Government Order also provided that the teacher would be sent for undertaking training in the DIET.
It is admitted that the petitioner was also sent by the State authorities to undertake training and after such training has been obtained, the petitioner assert that he is entitled to salary in the regular cadre. The District Basic Education Officer, Basti has consequently passed an order on 20th March, 2018 clearly recording that the petitioner would be entitled to salary in the grade of untrained teacher from the date of his initial appointment till he secured training i.e. 14.12.2016. His claim has also been forwarded to Secretary, Basic Shiksha Parishad for sanction of salary but no order appears to have been passed and the petitioner has also not been released salary. Thus, aggrieved petitioner approached this Court.
A counter affidavit has been filed stating that petitioner's initial appointment was bad since the petitioner was not possessed of training qualification on the date of his initial appointment.
I have heard Sri V. Singh, learned counsel for the petitioner and Sri Awadhesh Kumar, learned counsel for the Basic Shiksha Parishad and learned Standing Counsel for respondent no. 1.
The Government Order dated 04.09.2000, pursuant to which petitioner has been offered appointment, is Annexure-1 to the rejoinder affidavit. Clause 4 of the Government Order clearly provides that on the date of making application for compassionate appointment, if the dependent of deceased assistant teacher possessed requisite educational qualification, except training, then his claim for appointment shall be considered as an assistant teacher in untrained grade. Subsequent Government Order has also been issued on 11th February, 2013, which requires that the previous Government Order of 04.09.2000 be followed. It is in terms of these two Government Orders that the petitioner has actually been offered compassionate appointment.
It is not in issue that on the date of issuance of appointment letter i.e. 13.05.2013 the petitioner did possess requisite educational qualification for appointment to the post of assistant teacher and only training qualification was not obtained. The petitioner had already passed graduation and secured T.E.T. He was also a B.Ed. but this was not recognized as a valid training qualification in the rules. As per Government Order the petitioner was actually sent for training in DIET, where he passed B.T.C. in the year 2016.
In view of the aforesaid facts, it is clear that once the petitioner has acquired training qualification, the authorities cannot deny salary on the post of assistant teacher to the petitioner from the date he acquired training qualification. For the period prior to obtaining such training, the petitioner would be entitled to salary in the untrained grade.
Consequently, a writ of mandamus is issued to respondents to release salary to the petitioner in accordance with the order passed by the Zila Basic Shiksha Adhikari on 20.03.2018 within a period of three months from the date of presentation of a copy of this order. Entire arrears due and payable to the petitioner shall also be released within a further period of two months thereafter.
The writ petition, accordingly, is disposed of.
Order Date :- 24.8.2021 Pkb/