JUDGMENT Yashoda Nandan, J. - The petitioner is a teacher employed to teach Economics to intermediate classes in Mata Bhikh Inter College, Mirzapur. He was admittedly promoted to the lecturers grade on the 12th April, 1967 According to the counter-affidavit filed on behalf of the respondents, he was appointed on one years probation in the lecturers grade. Since the year 1969 when the pay scales of the lecturers of Intermediate college were revised, the petitioner has not been paid his salary of the grade of a lecturer. By means of this petition, the petitioner prays for a writ of mandamus directing the opposite parties to pay to him his salary of the lecturers grade. 2. When the writ petition was presented before this court on the 26th March, 1980, the Bench which entertained the petition granted to the respondents three weeks time, for filing a counter-affidavit. A counter affidavit has been filed on behalf of the respondents 3. We have heard learned counsel for the petitioner as well as the learned standing counsel representing the respondents. 4. In the writ petition it had been stated in Paragraph 4 that at the time when the petitioner was promoted to the lecturer's grade in Economics, be possessed a Masters degree in Commerce and he had as one of his subjects Economics for his B.Com. Degree and he was consequently fulls qualified to hold the pest of lecturer in Economics for teaching intermediate classes. In the counter-affidavit in Paragraph 3 (b) it is admitted that at the time when approval was accorded to the petitioners promotion to the lecturer's grade on the 12th April, 1967, his education qualifications were as follows :- "(i) M.Com. (ii) B.Com. (with Economics)". On the admission contained in the counter affidavit, it is obvious that the petitioner was qualified to be promoted to the lecturers grade since he had the requisite qualifications as prescribed by Item no. 23 of Appendix A which forms part of the Regulations frame d under the U.P. Intermediate .Education Act. The learned standing counsel contended, on the basis of allegations contained in the counter-affidavit, that there existed a Government order which - required that lecturers grade be accorded only to such teachers teaching intermediate clashes who possesses a Masters degree in the subject concerned. The Government order does not purport to rescind the Regulations of which, as already stated, Item no. The Government order does not purport to rescind the Regulations of which, as already stated, Item no. 23 of Appendix A form part and consequently cannot have overriding effect. The respondents have no legal justification for not paying to the petitioner his salary of the lecturer's grade. 5. We consequently allow this writ petition and issue a writ or direction in the nature i f mandamus commanding the opposite parties to pay to the petitioner the entire arrears of salary due to him in the lecturer's grade within three months of the certified copy of the order being delivered by him to the District Inspector of Schools concerned. Parties shall bear their own costs.