JUDGMENT :

1. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No.1 as well as Mr. Shad Khan, learned counsel appearing for the Respondents No.2 and 3.

2. Petitioner, through the present writ petition, has challenged the order dated 15.2.2023 passed by the District Basic Education Officer, Kasganj, whereby case of the petitioner for treating him to be regularly appointed with effect from the date of his initial appointment, has been rejected. Petitioner through the present writ petition has also prayed for a direction from this Court thereby commanding the respondents to treat the petitioner’s appointment to be a regular appointment from the date of his initial appointment and also to pay the consequential service benefits to him.

3. Facts of the case, in brief, are that the petitioner was initially appointed as Class IV employee on a consolidated pay of Rs.2550/- per month vide appointment order dated 18.8.2004 passed by the Deputy Basic Education Officer, Etah. The petitioner, pursuant to his appointment order dated 18.8.2004 started working on his post and was paid consolidated salary.

4. Thereafter, vide order dated 8.12.2010 petitioner was granted regular pay-scale of Rs.4440-7440/- with grade pay of Rs.1300/- and since then he is receiving salary in the regular pay scale.

5. Petitioner raised his claim before the District Basic Education Officer, Kasganj that his appointment may be treated as regular appointment with effect from the date of his initial appointment i.e. 18.8.2004 and he may be paid the consequential service benefits. Since nothing was done by the District Basic Education Officer, Kasganj, as such petitioner filed Writ-A No.12808 of 2021 and this Court vide order dated 24.9.2021 disposed of the said writ petition with direction to the District Basic Education Officer, Kasganj to consider the petitioner's claim for inclusion of his services rendered between year 2004 to 2010 keeping in view the judgment of this Court rendered in the case of Ravi Karan Singh Vs. State of U.P and others, reported in 1999 (3) UPLBEC 2263.

6. The District Basic Education Officer, Kasganj in compliance of the aforesaid order dated 24.9.2021 passed in Writ-A No.12808 of 2021, has passed an order on 15.2.2023, whereby the claim of the petitioner for treating his appointment on Class IV post to be a regular appointment with effect from the date of his initial appointment, has been rejected. The District Basic Education Officer, Kasganj in his order dated 15.2.2023 has recorded finding that petitioner was given compassionate appointment on 18.8.2004 on consolidated pay and he has been granted regular pay scale vide order dated 8.12.2010 with effect from the date of passing of the said order and therefore, petitioner is not entitled for treating his appointment to be a regular appointment with effect from the date of his initial appointment. The District Basic Education Officer, Kasganj in his order dated 15.2.2023 has further stated that Director, Basic Education, U.P., Lucknow has issued an order on 17.6.1996, whereby it has been provided that those Class IV employees who were given compassionate appointment on a consolidated pay, will be entitled for regular pay-scale with effect from the date of passing of the order for payment of salary in regular pay-scale and their appointments shall not be treated as regular appointment in regular pay-scale with effect from the date of initial appointment.

7. Learned counsel appearing for the petitioner has submitted that the issue involved in this writ petition has already been decided by this court vide its judgment and order dated 18.8.2015 passed in Writ Petition No.5112 (S/S) of 2014 (Itwari Lal Vs. State of U.P. and others) and it has been held by this court that compassionate appointment from the date of initial appointment has to be treated a regular appointment and the concerned candidate is entitled for the payment of salary in regul