JUDGMENT : ( 1. ) THE Order in this writ petition shall also govern the disposal of the connected Miscellaneous Petitions Nos. (i) 1880 of 1984 (Smt. Kaushalia Bai and others vs. State of M. P. and others); (ii) 2123 of 1984 (Amritlal Hardaha and others vs. State of M. P. and others); (iii) 2226 of 1984 (Sundar Lal Jharia vs. Slate of M. P. and others); and (iv) 2250 of 1984 (Bansilal Rajah vs. State of M. P. and others ). ( 2. ) THE petitioner in this writ petition i- working as a Head-Mistress in government. Girls Primary School, Hirdaynagar, Mandla. She was appointed a teacher on 18-5-1947; and has been working as a Head-Mistress since 26-10-1956. In the gradation-list, her name appears against serial No. 13, while the name of lalluram Chaurasia (respondent No. 3) at serial No. 8$. He was appointed on 1-12-1950. ( 3. ) THE case of the petitioner is that throughoat her career, she was never charge-sheeted or punished and had a good service record. In spite of the aforesaid facts, the respondents 1 and 2 have issued an order dated 25-8-1985 (Annexure P-3), by virtue of which the respondent No. 3 has been promoted as Head-Master of Government Girls primary School, Hirday-Nagar, Mandia, and, thereby, the petitioner is being reverted as a lower division teacher. She was directed to hand over the charge to the respondent no. 3 and become a subordinate (lower division teacher) to the respondent No. 3 in the said school. The petitioner challenges the said order in this petition and prays for quashing the same. She also prays that the scale of pay of Rs. 635-950 applicable to head-Masters/head-Mistresses of the Primary Schools since 1-4-1981, be prescribed and paid to her. ( 4. ) THE respondents 1 and 2 in their return, have alleged that the petitioner was only a lower division teacher, but she was working as a Head-Mistress in addition to her duties. Hence, allowance was paid to her. The post of Head-Master/head-Mistress was defined by Choudhary Pay-Commission which was accepted by the Government in the year 1983. Pay-scale of lower division teachers was Rs. 545-925, while that of the Head-Master/head-Mistress was Rs. 635-950. ( 5. Hence, allowance was paid to her. The post of Head-Master/head-Mistress was defined by Choudhary Pay-Commission which was accepted by the Government in the year 1983. Pay-scale of lower division teachers was Rs. 545-925, while that of the Head-Master/head-Mistress was Rs. 635-950. ( 5. ) SINCE the result of Government Girls Primary School, Hirday-Nagar, Mandia, was very poor, a show cause notice was issued to the petitioner, and after considering her reply, her two increments were withheld - vide order (Annexure R-III ). It is further alleged that the Departmerltal Promotion Committee (hereinafter referred to as "the D. P. C") did not consider her fit for promotion to the post of Head-Mistress. Therefore, the order (Annexure P-III) was passed. The proceedings of the D. P. C. held on 24th and 25th August, 1985, have been filed as Annexure R-IV. ( 6. ) FROM perusal of Annexure R-IV, it appears that the Head-Masters of the institutions run by the Local Self Government and absorbed in the service of the State government, were posted as Head-Masters and they were given priority over other teachers; some of those teachers, who could not be absorbed as Head-Masters, were to be given preference over other teachers. Some other teachers, who were promoted as head-Masters earlier but did not accept the promotion, were again directed to accept their postings as Head-Masters. It was further directed that the annual confidential reports of all the teachers be prepared and the results of the annual examinations in respect of the classes taken by respective teachers, be noted in their confidential reports. Those teachers against whom any departmental enquiry is pending or any punishment is imposed, or any case involving moral turpitude is pending, should be ignored from consideration. A seniority list was also prepared by the D. P. C. The petitioner was shown at serial No. 13 and the respondent No. 3 at serial No. 89. ( 7. ) IT is stated by the respondents that the promotion to the post of Head-Master/head-Mistress in the pay-scale of Rs. 635-950 shall be given on seniority-cummerit basis. The teachers who were working as Head-Masters in the school run by the local Self Government, were posted as Head-Masters after absorption. The pay as well as status of those absorbed teachers and Head-Masters were protected. The promotion to the respondent No. 3 was given on the recommendation of the D. P. C. ( 8. The teachers who were working as Head-Masters in the school run by the local Self Government, were posted as Head-Masters after absorption. The pay as well as status of those absorbed teachers and Head-Masters were protected. The promotion to the respondent No. 3 was given on the recommendation of the D. P. C. ( 8. ) UNDER the M. P. Local Authorities School Teachers (Absorption in government Service) Act, 1963, (hereinafter referred to as "the Act"), a Screening committee was constituted under section 5 of the Act, to prepare a list of teachers who were to be absorbed in the Government service. Those teachers included in the said list, were deemed to be Government servants as from the appointed date, any agreement or contract notwithstanding. The Act had come into force on 1-10-1963. The terms and conditions of absorbed teachers as laid down under sub-section (2) of section 10 of the said Act, are as under :- "10 - (1) - (2) Except as provided in sub-section (1), the conditions of service including the salary, scales of pay, leave rules etc. , applicable to the absorbed employees, shall be such as may be prescribed by the State Government: provided that the conditions of service applicable immediately before the appointed date to any such employee shall not be varied to his disadvantage." Under Rule 8 (a) of the M. P. Local Authorities School Teachers (Absorption in government Service) Rules, 1964 (hereinafter referred to as "the Rules"), while considering the suitability for absorption in Government service, the Screening committee had to have regard to the status and the conditions of service of the teachers as existing immediately before the 19th August, 1963. By this, it cannot be inferred that the Head-Masters were to be absorbed as Head-Masters in the Government service as the said cadre was not in existence at that time. ( 9. ) IN M. P. Shikshak Sangh, Rewa and others vs. The State of M. P. and others, 1986 M. P. L. J. 455 (M. P. No. 2240 of 1984 decided on 17-3-1986), it has been held that prior to 1-4-1981, there was no cadre of Head-Master. Due to enforcement of M. P. Revision of Pay Rules, 1983, a separate scale of pay was prescribed for Head-Masters. Due to enforcement of M. P. Revision of Pay Rules, 1983, a separate scale of pay was prescribed for Head-Masters. Prior to 1-4-1981, a particular teacher who was senior to other teachers in the same school, was assigned the extra duty of Head-Master and he was paid separate allowance for the same. Due to that position, he did not get any right of being posted as a Head-Master after 1-4-1981 when the separate cadre was created. ( 10. ) A gradation list ought to have been prepared for the position obtaining on 1-4-1981. Those who were found suitable on that particular date for appointment as Head-Masters on the basis of seniority-cum-merit, should have been upgraded as Head-Masters. Thereafter, according to the seniority list, teachers who have been considered year to year for promotion to the post of Head-Masters, should have been given the post of Head-Masters. Some rules should have been framed for giving promotion to the teachers and in those rules, some additional marks should have been awarded to those who had the experience as Head-Master. ( 11. ) WE find that nothing of the sort has been done. In that view of the matter, no person can be promoted or demoted unless a proper list is prepared and objections from those affected by that list, are invited and considered. ( 12. ) WE, therefore, direct the Government for framing proper rules and, accordingly prepare a list of Head-Masters/head-Mistresses as on 1-4-1981 and also a gradation list of teachers for consideration of their cases for promotion. Objections of all those affected by the said list, should be invited and considered. Final list, thereafter, be published accordingly. This should be done district-wise for the entire State of madhya Pradesh within six months from the date of this order. Those who had been working as Head-Masters/head-Mistresses shall get the pay of Head-Masters/head-Mistresses till the date they continue to work on that post. The petitioner/petitioners of this petition and other petitions should not be disturbed till such list is finalised. ( 13. ) THE petition is disposed of with the directions aforesaid. There shall be no order as to costs of these petitions. The outstanding amount of security deposit, if any, shall be refunded to the petitioners. Order accordingly.