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Ajay Kumar Shukla v. D.I.O.S., Allahabad - WRIT - A No. 168 of 2003 [2006] RD-AH 9576 (16 May 2006)


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By means of the present writ petition the petitioner has approached this Court for issuing a writ of mandamus directing the respondents to treat the petitioner as Lecturer and sanction the selection grade to the petitioner in view of the G.O. dated 15.8.2000.

The facts arising out of the writ petition are that the petitioner was appointed as Assistant Teacher in LT Grade by order-dated 15.1.1981. The petitioner is duly qualified for the said post as the petitioner is M.A. (Sangeet), Praveen in Tabla and Prabhakar in vocal music and Sitar instrument. The petitioner was not paid salary in 1982 by the order fated 28.8.1982 passed by respondent no. 1, therefore, the petitioner filed Writ Petition No. 13141 of 1982 before this Court. This Court vide order dated 10.11.1982 stayed the operation of the order passed by respondent no.1. The said writ petition is still pending for consideration. The State Government has issued a G.O. on 28.2.1990 to the effect that the teachers who are taking class of teaching Arts, Sports, Language, Home Science, Craft, Music, Painting and Short Hand and have completed ten years of service, be given grade of Lecturer. The petitioner was appointed in the year 1981 and is taking classes of 9th, 10th, 11th   and 12th regularly without any break. As such the petitioner is entitled to the benefit according to the G.O. dated 28.2.1990. In view of the aforesaid G.O. as the petitioner has completed ten years of service; he is entitled for the sanction of grade for the post of Lecturer. The matter was referred to the District Inspector of Schools but the District Inspector of Schools by order-dated 25.5.2002 has held that as the nomenclature of the petitioner has not been sanctioned as Lecturer, therefore, the benefit to the petitioner cannot be given. In response to the aforesaid letter the Principal of the institution has intimated the District Inspector of Schools by letter dated 30.5.2002 that all the relevant papers have already been sent to the District Inspector of Schools treating the petitioner as Lecturer in view of the G.O. dated 23.10.2000. Aggrieved by the aforesaid order the petitioner has approached this Court.

I have heard the learned counsel for the petitioner and the Standing Counsel. From the record it is clear that the initial appointment of the petitioner is of 1981 and the petitioner is wholly qualified for the post of Lecturer and in view of the Government Order, he should be treated as Lecturer and is also entitled for the salary. The Principal of the institution has already complied with the directions issued by the District Inspector of Schools by the letter-dated 30.5.2000.

In view of the aforesaid fact, the present writ petition is disposed of with a direction to the respondent no.1 to pass appropriate detailed and reasoned order according to law  in view of the Government Orders issued from time to time and in view of the recommendation by the Principal of the institution dated 30.5.2002 within a period of two months from the date of production of a certified copy of this order before him.

With these observations the writ petition is disposed of.



W.P.No.168 of 2003


Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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