COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 3179/2001 Sri Hariom & Anothers …….Petitioners Versus State of Uttaranchal & Others …….Respondents Sri Vikas Pandey, Advocate holding brief of Sri V.B.S. Negi, learned Counsel for the petitioners. Sri Paresh Tripathi, Brief Holder for the State of Uttarakhand. 9th April, 2008 Hon’ble P.C. Verma, J. By means of this writ petition the petitioners have sought a writ of mandamus commanding the respondents to treat the petitioners in the L.T. Grade teachers and pay their salaries accordingly just after completion of 5 years of service in C.T. Grade from their initial appointments. But in view of the averment made in the counter affidavit that the L.T. Grade has already been given to the petitioners and in view of the Government Orders dated 19.10.1989 and 30.11.1989/2.12.1989, the petitioners are not entitled for getting the L.T. Grade only after completion of 5 years, while the essential requirements in these Government Orders are the suitability based on 10 years’ service record which is applicable in case of trained graduate i.e. B.Ed or L.T. and trained C.T. Grade teachers. Therefore, this requirement, when a teacher has not completed 10 years of service, his service record of 10 years cannot be judged. Thus, his suitability cannot be judged in terms of these Government Orders. Therefore, in other words, requirement of 10 years’ service record clearly reveals that completion of 10 years’ service is essential for getting the L.T. Grade. 2. A combined reading of both these Government Orders clearly reveals that after declaration of C.T. Grade as dying cadre, the holders of C.T. Grade posts were to become L.T. Grade teachers subject to the conditions contained in these Government Orders. There is no anomaly in these Government Orders. A trained graduate who has completed 10 years of service will immediately get L.T. Grade and a graduate having B.T.C. will also get after 10 years provided he has rendered 5 years of service as C.T. Grade having certificate of B.T.C. This clarification was required for the reason that in so many institutions, even untrained teachers neither having B.Ed, L.T., B.T.C., etc. certificates were teaching. 3. In the present case, since the L.T. Grade has already been given to the petitioners, the petition is devoid of merit and dismissed accordingly. No order as to costs. (P.C. Verma, J.) Prabodh