JUDGMENT Vineet Saran, J.
1. This writ petition has been filed with a prayer for quashing the order dated 5.12.2001 passed by respondent No. 1 as well as the consequential orders dated 29.12.2001 and 5.2.2002 passed by the District Inspector of Schools-II, Allahabad and respondent No. 4 institution respectively. A further prayer has been made for a direction to the respondents to pay regular salary of Assistant Teacher to the petitioner.
2. Brief facts relevant for the purposes of decision of this writ petition are that on the retirement of one Smt. E. M. David an Assistant Teacher in the primary section of the respondent No. 4 institution on 30.6.1996, a vacancy occurred on the post of Assistant Teacher. By letter dated 6.11.1996, the respondent No. 4 institution sought permission from the respondent authorities for filling up the aforesaid vacancy of Assistant Teacher in the B.T.C. grade. On 19.2.1997 the Deputy Director of Education, Madhyamik, Region IVth, Allahabad accorded permission to the institution for advertising and filling up the said substantive vacancy in B.T.C. grade. The respondent No. 4 institution thereafter advertised the vacancies in two local newspapers on 26.2.1997. After undergoing the selection process, the petitioner was declared selected and was issued the letter dated 13.5.1997 appointing her as Assistant Teacher B.T.C. grade. It is admitted that ever since her appointment, the petitioner has been continuously discharging her duties as Assistant Teacher, B.T.C. grade in the institution of respondent No. 4. The respondent-institution thereafter on 20.5.1997 submitted the papers for financial approval before the Deputy Director of Education. Since the respondent authorities have by the impugned orders refused to grant financial approval, this writ petition has been filed challenging the said orders and also for a direction to pay the salary to the petitioner.
3. Having heard Sri Sandeep Saxena, learned counsel appearing for the petitioner as well as learned standing counsel appearing for the State-respondent Nos. 1, 2 and 3 and Sri A. D. Saunders, learned counsel appearing for the respondent No. 4-institution and on perusal of the record and considering the facts and circumstances of the case, in my view the impugned orders passed by the respondent authorities deserve to be quashed and the petitioner would be entitled for payment of salary as Assistant Teacher B.T.C. grade from the date of her appointment on 13.5.1997.
4. Although Smt. E. M. David was initially appointed as an Assistant Teacher in C.T. grade but after the order dated 15.9.1977 had been passed by the Deputy Director of Education converting three posts of C.T. grade teacher as B.T.C. grade teacher, the said Smt. E. M. David was working on the post of B.T.C. grade teacher. The said position had been considered by the respondent authorities while granting permission on 19.2.1997 to fill up the post of B.T.C. grade teacher after the retirement of Smt. E. M. David. Such position would also be clear from the communication of the District Inspector of Schools-II, Allahabad dated 10.9.2001 addressed to the Joint Director of Education, Region-IVth, Allahabad the issuance of which is not denied by the respondents. In the said communication it has been stated that Smt. E. M. David had been working in the primary section of the institution right from the beginning and after her retirement on 30.6.1996 permission was granted for filling up the substantive vacancy in B.T.C. grade for which advertisement had been issued. Prior to this on 6.1.1999 the Joint Director of Education, IVth Region, Allahabad had clearly communicated to the District Inspector of Schools-II, Allahabad that the concerned vacancy on which the petitioner Veera Nath had been appointed was to be considered on the vacant post of B.T.C. grade. In such view of the matter when the respondent authorities have themselves time and again accepted that the vacancy on the retirement of Smt. E. M. David had occurred on the post of B.T.C. grade, the submission of the learned standing counsel that the permission for advertising the vacancy on the post of B.T.C. had been obtained by the respondent institution after concealing material facts is baseless and cannot be accepted. The consistent stand of the respondent authorities has been that Smt. E. M. David had retired as Assistant Teacher in the primary section of the institution. The fact that on 15.9.1977 the respondent authorities, while refusing to sanction any additional post of teachers in the institution of respondent No. 4, had stated that the existing strength of teachers in the institution would be sufficient and three posts of Assistant Teachers, C.T. grade be converted to B.T.C. grade teachers adds strength to the submission of the learned counsel for the petitioner that on the retirement of Smt. E. M. David, the vacancy which occurred was on the post of B.T.C. grade teacher, on which the petitioner had been appointed after due selection on 13.5.1997.
5. In the impugned order dated 5.12.2001 passed by respondent No. 1, the ground taken is that since after the conversion of C.T. grade teacher to L.T. grade vide Government Order dated 4.1.1989, the said Smt. E. M. David was to be considered as L.T. grade teacher hence on her retirement a vacancy of B.T.C. grade teacher could not have occurred. This order has been passed without taking into consideration, the earlier reports/communications of the respondent authorities dated 6.1.1999 as well as 10.9.2001 referred to above and also the permission having been accorded on 19.2.1997 by the respondent authorities for filling up the vacancy of B.T.C. grade. It has also been accepted by the respondent authorities that right from the beginning till the time of her retirement, Smt. E. M. David was working in the primary section of the respondent institution. As such, in my considered view, the vacancy on her retirement would be on the post of Assistant Teacher of B.T.C. grade. The impugned order dated 5.12.2001 thus deserves to be quashed and is accordingly set aside. The consequential orders passed by the District Inspector of Schools-II, Allahabad on 29.12.2001 and by respondent No. 4 institution on 5.2.2002 are also quashed. The petitioner who was appointed as Assistant Teacher after following the selection process and after permission for filling up the vacancy of Assistant Teacher, B.T.C. grade had been granted by the respondent authorities, would thus be entitled for payment of salary from the date of her appointment. The respondent authorities shall pass necessary orders for payment of her salary within two months from today. The arrears of her salary upto March, 2004 shall be paid to the petitioner within six months and the salary of the petitioner from 1.4.2004 onwards shall be paid to her regularly month by month.
6. This writ petition is accordingly allowed. However, there shall be no order as to costs.