A.Sharma, J.

1. Petitioner, who is an Assistant Teacher in Kisan Junior High school Bhurni, Khatipur P. O. Laksar, district Saharanpur (herein-after referred to as the school), claim to have been appointed on this post on 1-4-1968 by the committee of management of the school. In 1972 the U. P. Basic Education Act (hereinafter referred to as the Act) was enacted by the State of U. P. so as to provide for establishment of U. P. Board of Basic Education and the matter connected therewith. In pursuance of the Act the Government of U. P. framed Rules known as U. P. Recognised Basic School (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (herein-after referred to as the Rules) for governing conditions of service of teachers working in Junior High Schools in the State.

2. Before the Rules were framed, there was no statutory rules regulating the conditions of service of teachers in Junior High Schools. After the framing of the Rules the management of the school submitted the names of the teachers working in the school for approval by the District Basic Education Officer (herein-after referred to as the Education Officer), Saharanpur. The petition