Hon’ble Abhinava Upadhya, J.—Heard learned counsel for the petitioner Shri N.N. Jaiswal and learned Standing Counsel Shri Manjeev Shukla for the respondents.

2. The short question for consideration in this writ petition is whether, the petitioner who was appointed as Assistant Teacher in a primary school, aided and governed by the Social Welfare Department, when asked and then continued to officiate as Head Master, would be entitled to the salary as admissible to the Head Master upon such officiation, specially when the applicable Rules do not provide for promotion of an Assistant Teacher to the post of Head Master?

3. Brief facts are, that the petitioner was initially appointed vide order dated 9.8.1973 by the District Social Welfare Officer in an institution called Primary Pathshala, Shahibganj, District Kheri on the post of Assistant Teacher. The institution is said to be governed by the U.P. Recognized Basic School (Recruitment and Condition of Service of Teachers and other Conditions) Rules, 1975. It is a recognized institution and the provisions of the U.P. Basic Education Act, 1972 are also applicable.

4. It has been argued that the petitioner was initially appointed