Smt. Gauhar Jahan, who has filed writ petition, died on 25.6.2003. Her heirs have been substituted and are contesting the writ petition. However, for the purposes of this writ petition, Smt. Gauhar Jahan shall be referred as petitioner.
The petitioner was appointed as B.T.C. teacher in the year 1983 in Najibuddaula Girls Inter College, Najibabad, District Bijnor. On 17.12.1990, she moved an application claiming C.T. grade on the ground that she was B.A. B.Ed. The Committee of Management by the resolution has also recommended her promotion on C.T. grade to the Regional Inspectress of Girls Schools (hereinafter referred as ("RIGS"). The said resolution was received by the RIGS on 27.3.1991. On 11.4.1991, the petitioner submitted reminder before RIGS requesting therein that her salary may be fixed in C.T. grade. The RIGS vide letter dated 6.5.1991 directed the Manager/Principal to submit the resolution of recommendation and Service Book. When the Management did not reply the letter of RIGS, the petitioner submitted a representation before District Inspector of Schools and Lekha Adhikari on 5.9.1991. Thereafter, the Lekha Adhikari directed the Manager to submit the Service Book of the petitioner. When the Manager and Principal did not comply the direction dated 22.9.1992, the Lekha Adhikari again issued notice on 6/4.11.1992 directing them to submit the Service Book of the petitioner. The Copy of the said letter has been sent to the RIGS. It appears that in compliance of the aforesaid direction the Service Book of the petitioner has been submitted before the RIGS and Lekha Adhikari, who fixed the salary of the petitioner in C.T. grade w.e.f. 7.9.1983. Subsequently, by the order dated 27.11.2012 the order by which the salary of the petitioner in C.T. grade w.e.f. 7.9.1983 has been fixed, has been cancelled. The petitioner challenged the said order by way of Writ Petition No. 5554 of 1993 which was disposed of with the direction to decide the matter afresh after giving opportunity of hearing. The District Inspector of Schools, Bijnor vide order dated 23.7.1997 has confirmed his earlier order dated 30.12.1992. The petitioner filed Writ Petition No. 28715 of 1997 which has been disposed of vide order dated 2.9.1997 directing the Deputy Director of Education, 12th Region, Moradabad to dispose of the representation of the petitioner relating to the claim of the petitioner. In pursuance thereof, the impugned order dated 25.10.1997 has been passed. The claim of the petitioner has been rejected mainly on the ground that there was no provision for promotion from B.T.C. grade to C.T. grade.
Learned counsel for the petitioner submitted that the impugned order is patently illegal. There was a specific provision under Regulation 7 (2) of Chapter II of the U.P. Intermediate Education Act, 1921 which provides for promotion from B.T.C. to C.T. grade against the vacancy on completion of five years in case if the teacher has passed Intermediate or an equivalent examination or is a trained Graduate. He submitted that the petitioner was appointed in the year 1983. The period of five years has been completed in the year 1988. The right to get the C.T. grade accrued in the year 1988, therefore, the petitioner was entitled for C.T. grade from the date on which she became eligible for C.T. grade. Regulation 7 (2) of Chapter II of U.P. Intermediate Education Act, 1921 (hereinafter referred to as ("Act, 1921") has been deleted on 8.10.1992. Since the petitioner's right accrued prior to deletion of Regulation 7 (2) of Chapter II of the Act, 1921 she was entitled for promotion from B.T.C. to C.T. grade. In support of the claim, the petitioner relied upon the decision of the learned Single Judge of this Court in the case of Smt. Aruna Ghosh vs. State of U.P. and others, reported in (1995) 2 UPLBEC 763.
Sri Pankaj Rai, learned Additional Chief Standing Counsel submitted that C.T. grade has been declared as dying cadre in the year 1989 by the Government Order dated 19.10.1989. He further submitted that as per the petitioner's own pleading, the Lekha Adhikari has fixed the salary of the petitioner in C.T. grade w.e.f. 7.9.1983 which is the date of appointment and not the date on which she became entitled for C.T. grade and, therefore, the order of Lekha Adhikari/District Inspector of Schools, Bijnor for fixing the salary in C.T. grade w.e.f. 7.9.1983 has been rightly recalled.
I have considered the rival submissions.
Regulation 7 (2) of Chapter II of U.P. Intermediate Education Act, 1921 reads as follows :
"Where in an institution any teacher working in the J.T.C./B.T.C. grade has passed Intermediate or an equivalent , examination or is a trained graduate and has completed five years service in that grade he shall be promoted in the C.T. grade by the Committee of Management and information of such promotion shall be immediately conveyed to the Inspector."
The petitioner claimed that she has completed five years service in B.T.C. grade and she was B.A. B.Ed. in the year 1988. Therefore, as per Regulation 7 (2) of Chapter II of the Act, 1921, the petitioner was eligible for C.T. grade. Regulation 7 (2) of Chapter II of the Act, 1921 deleted by notification no. 4168/15-7-10 (160) 1991 T.C. Lucknow dated 19.8.1992. The deletion was not with retrospective effect. Therefore, the right which has been accrued to the petitioner to claim C.T. grade under Regulation 7 (2) of Chapter II of the Act, 1921 could not cease on account of deletion of Regulation 7 (2) of Chapter II of the Act, 1921 on 19.8.1992. The petitioner was entitled for C.T. grade by the operation of law. The C.T. grade has been declared dying cadre on 19.10.1989. The Government Order is reproduced herein below:
^^'kklukns'k la[;k [email protected]&[email protected]&1 ¼136½ 89 f'k{kk vuqHkkx&7] fnukad 11 vxLr] 89 }kjk lh0Vh0 xzsM dks Mkbax dSMj ?kksf"kr dj fn;k x;k gSA bl izdkj v'kkldh; lgk;rk izkIr mPprj ek/;fed fo|ky;ksa esa lh0Vh0 xszM dk dksbZ in l`ftr ugh fd;k tk;sxk vkSj u fdlh v/;kid dh fu;qfDr dh tk;sxh 'kklukns'k la[;k&os0vk0&2&[email protected]&8&[email protected] fo0cs0vk0 vuqHkkx 2] fnukad twu 89 ds fcUnq 9 ds vuqlkj ek/;fed fo|ky;ksa ds lh0Vh0 xzsM ds ,sls v/;kid tks izf'kf{kr Lukrd mikf/k ds lkFk ,y0Vh0] ch0,M0 gks rFkk muds }kjk 10 o"kZ dh lUkrks"ktud lsok iwjh dh tk pqdh gksa mUgsa ,y0Vh0 xzsM fn;k tk;xk rFkk mudk osru fu/kkZj.k mijksDr izfdz;k ds vuqlkj ,y0Vh0 xzsM esa fd;k tk;xkA ,y0Vh0 xzsM esa tkus okys ,sls lh0Vh0 xzsM ds f'k{kd] osru fu/kkZj.k dh frfFk dks pkgs lk/kkj.k osrueku esa dk;Zjr jgs gksa ;k lsysD'ku xzsM esa] mudk osru fu/kkZj.k ,y0Vh0 xzsM ds lk/kkj.k osrueku esa fd;k tk;xkA^^ The above Government Order dated 19.10.1989 only prohibited further creation of any post or further appointment on C.T. grade but it did not prohibit the entitlement of C.T. grade under Regulation 7 (2) of Chapter II of the Act, 1921.
In the case of Smt. Aruna Ghosh vs. State of U.P. and others (supra), in similar circumstances this Court has held that Regulation 7 (2) of Chapter II of the Act, 1921 was deleted by means of notification dated 19.8.1992 but it would not affect the right already acquired by the petitioner. The Government Order dated 19.8.1992 omitting Regulation 7 (2) cannot be given retrospective effect so as to affect right already acquired by the petitioner under the said provision as it stood before its omission w.e.f. 19.8.1992.
In view of the above, I am of the view that on completion of five years service in B.T.C. grade and being B.A. B. Ed. petitioner was eligible for C.T. grade under Regulation 7 (2) of Chapter II of the Act, 1921. Her right to get the C.T. grade accrued on the date when she became eligible. Her right cannot be taken away merely because Regulation 7 (2) of Chapter II of the Act, 1921 has been deleted w.e.f. 19.8.1992 and C.T. grade declared as dying cadre because at the relevant time Regulation 7 (2) of Chapter II of the Act, 1921 was in existence.
I agree with the submission of learned Additional Chief Standing Counsel that C.T. grade cannot be given to the petitioner w.e.f. 7.9.1983 and whatever excess amount she has received prior to the date of her eligibility to C.T. grade the same shall be adjusted with the future amount to the petitioner.
In view of the above, the writ petition is allowed. The impugned order is set aside. The matter is relegated to the Deputy Director of Education (Madhyamik), 12th Region, Moradabad to pass a fresh order. The Deputy Director of Education (Madhyamik), 12th Region, may examine whether the petitioner fulfilled the requirement of Regulation 7 (2) of Chapter II of the Act, 1921 or not. If the requirement was fulfilled, the petitioner may be allowed salary of C.T. grade from the date when she fulfilled the requirement and became eligible for C.T. grade. The petitioner may file the certified copy of this order before the Deputy Director of Education (Madhyamik), 12th Region, Moradabad within a period of four weeks and the Deputy Director of Education (Madhyamik), 12th Region, Moradabad is directed to pass appropriate order within a period of two months thereafter.
Order Date :- 12.10.2012 OP