AI Overview...
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Dying Cadre of Junior High School Teachers - Several sources indicate that teachers working in Junior High Schools (JHS) have been declared part of a dying cadre, meaning their positions are phased out or deemed obsolete due to institutional upgrades or policy changes. Teachers appointed when the institution was a Junior High School face uncertainty regarding their continued employment or promotion prospects as the schools are upgraded to High Schools. Committee of Management, Field Marshall General Manik Shaw Uchchetter Madhyamic Vidyalaya, Nautan Hathigarh VS Director of Education, U. P. Allahabad - Allahabad, TRILOKI NATH DIXIT VS STATE OF UTTAR PRADESH - Allahabad, KRISHNA DIXIT, ETC. ETCs VS DISTRICT BASIC EDUCATION OFFICER, JAUNPURETC. - Allahabad
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Institutional Upgradation and Recognition - Many cases involve schools initially recognized as Junior High Schools being upgraded to High Schools, impacting teachers' status, salary grades, and promotional opportunities. The recognition often involves compliance with the Intermediate Education Act, 1921, and subsequent rules, which influence salary payments and promotion rights. Committee of Management, Field Marshall General Manik Shaw Uchchetter Madhyamic Vidyalaya, Nautan Hathigarh VS Director of Education, U. P. Allahabad - Allahabad, Narendra Singh, Chiranji Singh, Mukesh Kumar, Ram Kumar VS State of Uttar Pradesh - Allahabad, MAHENDRA SINGH. VS STATE OF UTTAR PRADESH - Allahabad, TRILOKI NATH DIXIT VS STATE OF UTTAR PRADESH - Allahabad
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Promotion and Salary Grading Issues - Teachers in Junior High Schools often faced challenges related to promotion from B.T.C. to C.T. Grade and L.T. Grade, especially after the abolition of certain grades or the declaration of the cadre as dying. Some teachers were not promoted due to the institution's status change or lack of authority from management or authorities like the District Inspector of Schools. MAHENDRA PRATAP PANDEY VS STATE OF U. P. - Allahabad, Narendra Singh, Chiranji Singh, Mukesh Kumar, Ram Kumar VS State of Uttar Pradesh - Allahabad, TRILOKI NATH DIXIT VS STATE OF UTTAR PRADESH - Allahabad
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Legal and Policy Implications - Several judgments and legal provisions clarify that the upgradation of schools from Junior High to High School affects the applicability of certain rules, and teachers' rights depend on whether the institution was recognized as a Junior High School or a High School at the time of appointment. The recognition and subsequent upgradation influence salary, promotion, and service conditions. Committee of Management, Field Marshall General Manik Shaw Uchchetter Madhyamic Vidyalaya, Nautan Hathigarh VS Director of Education, U. P. Allahabad - Allahabad, MAHENDRA SINGH. VS STATE OF UTTAR PRADESH - Allahabad, KRISHNA DIXIT, ETC. ETCs VS DISTRICT BASIC EDUCATION OFFICER, JAUNPURETC. - Allahabad
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Impact of Recognition and Upgradation on Teachers' Rights - Recognition as a Junior High School or High School determines teachers' entitlement to salary grades and promotions. Teachers appointed when the institution was a Junior High School may claim rights based on their original appointment and the recognition status at the time, but the declaration of the cadre as dying complicates their employment security. SUSHILA GUPTA VS JOINT DIRECTOR OF EDUCATION, KANPUR REGION, KANPUR - Allahabad, ABDUL KHALIQUE ANSARI VS STATE OF UTTAR PRADESH - Allahabad, MAHENDRA SINGH. VS STATE OF UTTAR PRADESH - Allahabad
Analysis and Conclusion
The concept of Dying Cadre in Junior High School teachers reflects the transitional challenges faced by educators amid institutional upgrades from Junior High Schools to High Schools. Legal provisions and court rulings emphasize that teachers' employment rights, salary grades, and promotion prospects are heavily influenced by the recognition status of their schools and the applicable rules at the time of their appointment. The declaration of the cadre as dying indicates a phased discontinuation, raising concerns about job security and entitlements for teachers who served during the Junior High School phase. Overall, the policies aim to balance institutional development with safeguarding teachers' rights, but legal ambiguities persist, especially regarding promotions and service continuity post-upgradation.
Search Results for "Junior High School Dying Cadre"
1993 0 Supreme(All) 484 • India - Allahabad
M.L.BHAT
Intermediate Education Act, 1921, which provides that when a junior high school is recognized as a high school, a permanent or temporary ... Fact of the Case: The petitioner's institution, a registered society, was upgraded from a junior high school to a high ... may be, of such high school. ... In 1971-72, the school was granted temporary permission for running junio....
2024 0 Supreme(All) 1225 • India - Allahabad
AJIT KUMAR
High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971; Intermediate Education Act ... Petitioner's name figured both at the level of junior high school and when the institution was brought on grant-in-aid as high schools and the petitioner continued to receive salary. ... Since, the petitioner's name was there and the institution was brought on grant-in-aid upto junior high ....
• India - Allahabad High Court
High Schools to be dying cadre has been set aside in Writ - A No. 5418 of 2019 (C/M Manorma Kanya Junior High Petitioner :- C/M Mahewa Junior High School And ... Recognised Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of of Ministerial Staff & Group 'D' ... High School, Moradabad and an....
2012 0 Supreme(All) 2630 • India - Allahabad
ARVIND KUMAR TRIPATHI
In the Junior High School, there were 16 posts of L.T. Grade after C.T. Grade was merged in L.T. Grade. Out of 16 sanctioned posts of L.T. Grade, none of the teachers has been promoted from B.T.C. Grade to C.T. Grade or L.T. Grade. Prior to abolition of C.T. ... Grade when it was declared as dying cadre in 1989, there was a provision for promotion of 50% teachers from B.T.C. to C.T. Grade and C.T. to L.T. Grade under the provisions of Chapter II of the U.P. Intermediate Education Act. ... Grade was decl....
2005 0 Supreme(All) 1228 • India - Allahabad
SUNIL AMBWANI
High school and Intermediate Education Colleges (Payment of Salaries to Teachers and Other employees) Act, 1971, U.P. ... High school and Intermediate Education Colleges (Payment of Salaries to Teachers and Other employees) Act, 1971 and the U.P. ... The Committee of Management did not have the authority to promote the petitioners, and thus the District Inspector of Schools rightly ... The institution was initially a Junior high School. It was upgrad....
2005 0 Supreme(All) 2202 • India - Allahabad
A.P.SAHI
Appointment—post of Head-mistress, in recognised Junior High School and receiving grants-in-aid—Later, granted recognition as High ... Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978—Section 13-A]. ... School and then Inter College—Appointment of Headmistress/Principal, junior to petitioner, as claimed—Impact of recognition, granted ... On a basic school or a Junior#HL_....
2007 0 Supreme(All) 2357 • India - Allahabad
ASHOK BHUSHAN
It is further contended that the petitioner was not appointed for teaching High School classes rather the petitioner was appointed to teach junior classes and he did not teach High School classes nor was entitled for fixation of salary in L.T. grade from 1.11.1973. ... Learned Counsel for the petitioner submitted that the Principal of the Institution has given the certificate that the petitioner was teaching High School classes. ... C. grade by the District Inspector ....
2007 0 Supreme(All) 2296 • India - Allahabad
V.K.SHUKLA
in question upgraded from Junior High School to High School—Hence, provisions of Basic Education Act, 1972 was not applicable—And ... Recognised Basic (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978—Rules 2(e) and 2(g)—Institution ... Junior High Schools (Payment of Salary to Teachers and Other Employees) Act, 1978—Sections 2(e) and 2(h)—U.P. ... On a basic #HL....
2007 0 Supreme(All) 2544 • India - Allahabad
ASHOK BHUSHAN
Grade has been declared as dying cadre but those teachers who are already working in C.T. Grade were not to be thrown out or their services be dispensed when the institution is upgraded from Junior High School to High School. ... The petitioner’s case in the writ petition is that the petitioner was appointed on 1.7.1970 as a C.T. grade teacher in the institution, when it was only a Junior High School whereas the re....
2007 0 Supreme(All) 57 • India - Allahabad
V.K.SHUKLA
High School to High School—Hence, provisions of U.P. ... Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978—Sections 2(e), 2(h) and 13-A—U.P. ... Recognised Basic (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978—Rules 2(e), 2(g) and 4(2)— ... On a basic school or a Junior High School#....
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