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2001 Supreme(SC) 1563

S.RAJENDRA BABU, RUMA PAL
K. VASUDEVAN – Appellant
Versus
MOHAN N. MALI – Respondent


( 1 ) RESPONDENT 1 claimed benefit of the circular dated 12-8-1987 on the ground that he had passed his BA examination in 1972 and later completed his MA in Hindi in 1974, he was placed in the selection grade as trained graduate teacher with effect from 19-11-1979 and had completed 12 years of service in selection grade scale on 18-11-1991 and, therefore, he was entitled to emoluments in the selection grade scale. But the authority concerned did not accept his claim. It was stated by the authority that appellant before us who was working as a trained graduate teacher in the same school and who was senior to Respondent 1 has become eligible for selection scale and, therefore, rejected his claim. Respondent 1 filed a writ petition challenging the said order.

( 2 ) THE High Court proceeded to examine the various contentions and inter alia noticed that the circular dated 12-8-1987 has been relaxed so as to allow, on completion of 18 years of total service and not necessarily in the senior scale, a teacher to be entitled to selection scale; that the said clarification seeks to make a trained teacher not possessing postgraduate degree eligible for selection scale; that such relaxation of



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