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Mahendra Yadav vs Joint Director Of Education And … on 4 January, 2010

Allahabad High Court
Mahendra Yadav vs Joint Director Of Education And … on 4 January, 2010
Court No. - 18

Case :- WRIT - A No. - 71535 of 2009

Petitioner :- Mahendra Yadav
Respondent :- Joint Director Of Education And Others
Petitioner Counsel :- Indra Raj Singh
Respondent Counsel :- C. S. C.

Hon'ble Sudhir Agarwal,J.

Heard Sri Indra Raj Singh, learned counsel for the petitioner and perused the
record.

In my view this writ petition is thoroughly ill-advised and misconceived.

It is admitted that the respondent no.5, Dhanpat Singh for the first time was
appointed on the post of Physical Teacher in LT grade on 7-7-1997. It is
submitted by the counsel for the petitioner that in view of the Government
Orders dated 28-2-1990 and 25-10-2000, the respondent no. 5 who is
functioning as Physical Training Teacher is entitled to be given the pay scale
as well as designation of lecturer w.e.f. 7.7.2007 and the respondent be
directed to appoint him to the post of lecturer on the vacancy occurred on 30-
6-2008, since respondent no. 5 shall stand excluded from the field of
eligibility if become lecturer w.e.f. 7-7-2007.

In my view the reference to the aforesaid Government Order for appointment
of the respondent no. 5 is misconceived. The government order dated 28-2-
1990 provides that such CT grade teacher who has completed 10 years of
service and imparting education in classes IX and X will be given the pay
scale of LT grade. Similarly assistant teacher (LT grade) who are imparting
education to class XI – XII and have completed 10 years of service shall be
entitled to get the pay scale of lecturer. The Government Order dated 25-10-
2000, further provides that those who are given lecturer grade pursuant to the
Government Order dated 28-2-1990 may also be given designation of lecturer.
Para 6 of the Government Order dated 25-10-2000 however, provides that
only such teachers who were eligible for getting the pay scale on the date of
issuance of said Government Order i.e. 25-10-2000 would get the designation
of lecturer. Respondent no. 5 having been appointed as Physical Training
teacher (LT grade) for the first time on 7-7-1997 cannot be said to be
qualified either for pay scale or designation of Lecturer under the aforesaid
Government order. The respondent no. 5 had neither completed 10 years of
service as Assistant Teacher (CT Grade) in the year 2000 nor was getting
scale of lecturer before issuance of the Government Order dated 25-10-2000.
He was ineligible for the post of lecturer on the date of issuance of the
Government Order dated 25-10-2000. Therefore said Government Order is
inapplicable in his case. That be so, even if he is given the pay scale of
lecturer on completion of ten years in 2007, he cannot be given the
designation of lecturer w.e.f. 7-7-2007 since the Government Order dated 25-
10-2000 is inapplicable and was a one time measure. It is well settled that
mere grant of a pay scale does not amount to appointment or promotion on the
post of which the said pay scale is. The respondent no. 5 is continuing as
Assistant teacher LT Grade even on 30-6-2008 thereafter and hence the
petitioner being junior to him has no case.

The writ petition is thoroughly misconceived and dismissed.

Order Date :- 4.1.2010
skv

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