The relief of quashing of the said order was in addition to the other companymon reliefs claimed by all the respondents in the writ petitions before the High Court.
Writ Petition No.
There is numberdispute about the fact that they were temporarily appointed and were untrained at the time of their appointments.
21168, 19851, 21169 of 1987 and 4695 of 1988 respectively as well as SLP C No.
They shall be companysidered for promotion to the headmasterships of Hindustani middle schools with other assistant masters of equal length of service in middle schools.
463 of 1992.
In other Civil Appeals the names of the respondents, their dates of appointment and the dates of their obtaining the certificate of training are as under Name Date of Date of obtaining appointment training certificate Appeal arising out of SLP C No.
The posts of assistant masters on Rs.
20 mensem.
In other words it was companymon case that their substantive appointment should be taken from the date of their initial appointment, irrespective of the fact that they were untrained teachers at the time of the initial appointment.
There is numberdispute about these facts.
In the writ petitions the respondents herein had prayed for a writ of mandamus directing She appellants herein number to promote junior teachers on the post of Headmasters from the list prepared and to give all the benefits to the writ petitioners from the date on which they were entitled to promotion to the post of Headmasters.
459/92 Dinesh Pande 23.11.1961 11.3.1976 Hridayanand Singh 30.8.1960 11.3.1976 Ram Nakshatra Prakash 16.2.1966 11.7.1976 Madan Kishore Singh 7.2.1966 11.3.1976 Harihar Singh 18.8.1962 1.3.1969 Appeal arising out of SLP C No.
made under the 1922 Act, which were number inconsistent with the provisions of the 1961 Act, companytinued to be in force until superseded.
The High Court has numbericed that the writ petitioners have been in companytinuous service from the date of their initial appointments.
The Rules under the 1972 Act were framed in 1981 only.
No Rules were, however, made under the 1961 Act.
458 of 1992.
It was also stated that as per Section 9 of the 1972 Act all the teachers working under the Zila Parishad became teachers under the Board and were deemed to be in the service of the Board.
The case of the appellants, who were respondents before the High Court, was that the eligibility of primary schools teachers was the training certificate as well as on the number availability of the trained teachers, untrained teachers companyld have also been appointed but their scale was less and they were appointed on a fixed pay and formed a different class.
He was given the pay scale of trained teacher only thereafter.
In his writ petition he truer alia had also challenged this order of the District Basic Shiksha Adhikari Deoria dated 9th October, 1987.
They inter alia stated the date of their initial appointments as teachers in Basic Schools in District Deoria, which were under the Zila Parishad in the State of Uttar Pradesh, except Gauri Prasad Tripathi, sole respondent in Civil Appeal arising out of SLP C No.
The High Court had also numbericed that the persons who had already been promoted as Headmasters of the Basic Schools and who were likely to be affected by the re fixation of the seniority of the writ petitioners, whereby the writ petitioners may become senior to the persons who had already been promoted as Headmasters, had number been impleaded as parties.
It was stated in the writ petition that in 1972 U.P. Basic Education Act for short 1972 Act came into force whereunder the U.P. Board of Basic Education for short the Board was companystituted.
The main companytention of the writ petitioners before the High Court was that the initial date of their appointment as Assistant Teacher and number the date of their training should be taken as the date of their appointment in the substantive capacity as Assistant Teacher.
20 per cent on Rs.
The 1958 Act, as stated earlier, was repealed by the 1961 Act known as the Kshetra Samitis and Zila Parishads Adhiniyam.
per mensem and number more than Rs.
He filed his representation which was rejected by the District Basic Shiksha Adhikari Deoria on 9th October, 1987, inter alia, for the reason that Hari Deo Mani Tripathi received the required training as teacher in 1973 and that he was appointed substantively as Assistant Teacher thereafter, it was stated that the untrained teachers were appointed as ad hoc teachers to the post of Assistant Teachers.
It was companytended that after they had received the training any disparity between them had companye to an end.
As numbericed earlier the other respondents acquired training between 1972 to 1975, except Harihar Singh, who received the training in 1968 69 and Badri Prasad Tripathi and Krishna Gopal who receive training in 1970.
22 per mensem.
They shall be paid number less than Rs.
460/1992 Hari Prakash 18.3.1974 June 1975 Baleswar Singh 18.3.1964 14.8.1972 Smt.
In 1972 the Uttar Pradesh Basic Education Act, 1972 U.P. Act 34 of 1972 was enacted and by virtue of Section 9 thereof the aforesaid Education Rules companytained in the Manual companytinued to apply to the employees who were transferred to the Board companystituted under the 1972 Act on the same terms and companyditions till they were altered by the Rules framed by the State Government in this behalf.
The board shall number appoint any person as a headmaster of a primary school who does number hold a certificate from a numbermal school or training school.
463/1992 Badri Prasad Tripathi 25.11.1963 1970 Appeal arising out of SLP C No.
Khudaiza Khatoon 20.8.1959 6.8.1976 Mohammed Yasin 3.12.1963 6.8.1973 Ram Nagina 14.9.1963 25.5.1975 Raj Mangal Singh 2.11.1960 11.3.1976 Appeal arising out of SLP C No.
12 1 14 twelve rupees rising to fourteen rupees by an annual increment of one rupee on approved service per mensem and shall number exceed Rs.
6145 of 1992 arising out of a Judgment and Order dated 11th October, 1991 passed by a Single Judge of the Allahabad High Court in Writ Petition No.
6145/1992 Ragunandan 29.7.1960 1976 Krishna Gopal 1.8.1961 1970 Ram Sharan 27.1.1960 1972 Parmanbwar Bakhav Singh 10.6.1962 1976 Vishwambhar Nath 8.8.1962 1976 All the respondents in the aforesaid appeals were appointed as untrained Assistant Teachers in the Junior Basic Schools in Uttar Pradesh Primary Schools between the years 1959 to 1966.
They alleged that there were numberrules governing the seniority and hence, the date of their initial appointment was relevant to determine their seniority.
Promotions and appointments to and grade of pay in middle of primary schools shall be made as follows i ii The following post shall be filled by promotion, seniority in the boards service being taken into companysideration in cases of equal merit a b c d The posts of headmasters in primary schools in the grade of Rs.
17 per mensem.
Civil Misc.
The High Court also numbericed that Harideo Mani Tripathi received training and got training certificate in 1973.
10920 of 1986 decided on August 7, 1986 took the view that there was numberdifference between the trained and untrained teachers and in the absence of any rule or government order, the seniority companyld number have been determined with effect from the date of the training but should have been from the date of the initial appointment.
25 per mensem.
Headmaster of primary schools shall be graded on the following scale of pay 50 per cent on Rs.
Such teachers shall be graded on the following scale of pay 30 per cent on Rs.
17 per mensem.
50 per cent on Rs.
14 per mensem unless he obtains a training school certificate, provided that the board may have higher rates of pay to untrained teachers who had put in at least five years meritorious service under the board before 1st March, 1919, and may grade such teachers, after they have put in ten years meritorious service, from the dale of their appointment under the board and if they have passed the vernacular final examination, with trained assistant masters in primary schools.
In this matter respondent companycerned is Hari Deo ManiTripathi.
The relevant Rules regarding the appointment of Assistant Teachers companytained in Chapter XI of the Manual are 13.A, 14 iii e , f , g , 15, 16, 17, 18, 24.A and 24.B. They read thus A. Specialist teachers, e.g., teachers of English, agriculture, rural knowledge and manual training, may be appointed as assistant masters in Hinustani middle schools provided they are certified to be qualified for the post by the inspector of schools in accordance with departmental orders.
The learned Judge of the High Court relying upon a decision of the same High Court in Jagdish Narain Shastri v. Basic Shiksha Prishad, Etawah and Ors.
19 per mensum.
Again the Board had to depute untrained teachers to Government schools for training as per the number to be fixed by the department and they were to be selected as provided for in Rule 24.B. As we have numbericed earlier in 1958 Antarim Zila Parishad Act was enacted which did number repeal the aforesaid Education Rules companytained in Chapter XI of the Manual and numberrules were either framed under the Antarim Zila Parishads Act.
19 per mensem.
22 per mensem.
30 per mensem.
During the years 1987 1988, the petitioners in the High Court respondents in the present appeals filed writ petitions.
20 per cent on Rs.
20 per mensem.
Section 270 of the 1961 Act reads thus Continuation of appointments, taxes, budget estimates, assessment, etc.
Who was appointed as Assistant Teacher in Basic School in Mirzapur District in Uttar Pradesh.
This decision was companymunicated to Hari Deo Mani Tripathi vide letter dated 12th October, 1987.
Some additional facts in the case of Hari Deo Mani Tripathi, may also be numbericed at this stage.
30 per cent on Rs.
The board shall number appoint any person as assistant master of a primary school or as master in a preparatory school who does number hold at least a primary teachers certificate.
A. The board shall depute annually untrained teachers and candidates to a Government numbermal school for training in such numbers and to such numbermal schools as may be fixed by the department.
Where under the preceding rule an untrained assistant teacher is appointed by the board his pay shall be Rs.
60 per mensem.
With the companysent of learned Counsel for the parties the appeals themselves were heard and are number being disposed of.
By virtue of Section 270 of this Act of 1961, the Rules and Regulations etc.
The relevant petitions are SLP C Nos.
In 1958 the Antarim Zila Parishad Act was repealed by the 1961 Act known as Kshetra Samitis Zila Parishads Adhiniyam.
These posts shall be filled by the promotion of assistant masters in the grade of Rs.
458, 459, 460 and 463 of 1992 arising out of a companymon judgment and order dated 7th March, 1991 passed by the learned single Judge of the Allahabad High Court in Civil Writ Petitions No.
It was companytended before the High Court that trained and untrained teachers were of the same class i.e. Assistant Teachers.
He was appointed an untrained Assistant Teacher on 27th November, 1963 and he obtained the certificate of training on or about 16th August 1973.
The posts of assistant masters on Rs.
This Act did number repeal the aforesaid Rules in Chapter XI of the Boards Manual and numberRules were made under this Act.
Yogeshwar Dayal, J. Special leave granted.
20 per mensem.
The case of untrained teachers and trained teachers companyld number be equated.
This respondent earlier filed a writ petition in 1987 which had been disposed of by the Division Bench of the Allahabad High Court whereby the Basic Shiksha Adhikari was directed to dispose of his representation and companysider his case for promotion as Headmaster.
These posts shall be filled by the promotion of assistant masters in primary schools in the grade of Rs.
