The High Court quashed an order denying Lower Teaching Cadre grade benefits from 1986 to teachers. Relying on service-based precedents, the court directed salary fixation and barred recovery of arrears.
Quashed the impugned order; directed salary fixation from 01.01.1986 and barred any recovery from petitioners.
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Court No. - 32
Case :- WRIT - A No. - 50294 of 2010
Petitioner :- Satya Prakash Sharma And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- Vashistha Tiwari,Santosh Kumar Singh,Sharwan Kumar Dubey Counsel for Respondent :- C. S. C.
Hon'ble Siddharth,J.
Heard learned counsel for the petitioners and Sri Shailendra Singh, learned Standing Counsel for the State-respondents.
This writ petition has been filed praying for quashing of the order dated 10.05.2010 passed by respondent no.3, District Inspector of Schools, Firozabad. Further prayer has been made for directions to the respondents restraining them from making any deduction from the salary of the petitioners w.e.f 01.01.1986. Final prayer has been made for directions to the respondents to make payment of salary w.e.f. 01.01.1986 with all consequential benefits.
The brief facts of the petition are that petitioner no.1 was appointed on 01.08.1974 in B.T.C Grade, petitioner nos.2 and 3 were appointed in J.T.C grade in 1974. They were granted C.T. Grade w.e.f. from 1.09.1979 and L.T.Grade in 01.01.1986. They retired from service on 30.06.2010. They were granted the benefit of L.T. Grade 01.01.1986 but by the impugned order it has been held that they were entitled to get the benefit of L.T.Grade since 01.08.1989. The earlier grant of benefit of L.T.Grade payscale to the petitioners were reviewed by the District Inspector of Schools and representation against the same has been rejected by the impugned order dated 10.05.2010 hence petitioners are before this court.
Learned counsel for the petitioners has submitted that the issue raised in this petition is squarely covered by the decision of this Court in case of Om Prakash Yadav Vs. State of U.P. and others, Writ-A No.14171 of 2014 , wherein this Court held relying upon the Government Order dated 03.06.1989 that for grant of L.T. Grade to a teacher, working in C.T. Grade for five years and completion of 10 years of satisfactory service is only required and not 10 years of satisfactory service in C.T. Grade. Over all satisfactory service, including five years in C.T. Grade was required. This Court in the case of Shyam Singh Yadav vs. State of U.P. and others, Writ-A No.34414 of 2016 has reiterated the aforesaid legal position.
In view of the above, the impugned order dated 10.05.2010 passed by respondent no.3 / District Inspector of Schools, Firozabad, in this writ petition is hereby quashed. Respondents are directed to fix salary of the petitioner w.e.f. 01.01.1986 treating them to be appointed in L.T. Grade from the aforesaid date within six weeks from today and not to make any recovery from the petitioners in pursuance of the impugned order.
Writ petition is allowed.
Order Date :- 25.4.2022 SS
Digitally signed by SURENDAR SINGH NARANG Date: 2022.05.04 18:09:50 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the petitioners are entitled to the benefit of L.T. Grade from 01.01.1986 based on overall service or strictly C.T. Grade service.
Whether the impugned order rejecting the benefit duly granted to the petitioners should be quashed.
Whether the respondents are directed to fix the salary with consequential benefits without recovery.
Colour shows how this judgement treated each authority
Om Prakash YadavFollowed¶8
Om Prakash Yadav Vs. State of U.P. and others, Writ-A No.14171 of 2014
Shyam Singh YadavReferred¶8
Shyam Singh Yadav vs. State of U.P. and others, Writ-A No.34414 of 2016
1 provisions across 1 enactments
Satya Prakash Sharma And Others
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
