R. B. MISRA, J. ( 1 ) IN this writ petition, the petitioner has prayed for quashing the order dated 21. 10. 1995 passed by the Deputy Director of Education (Annexure-7) with further direction to the respondents to fix the salary of the petitioner in the lecturers grade. Heard Sri Ashok Khare, learned senior counsel for the petitioner and learned standing counsel for the respondents. ( 2 ) BRIEF facts necessary for adjudication of the writ petition are that the petitioner is B. Sc. (Physics, Chemistry, Mathematics) was appointed as a demonstrator in science subject to teach intermediate classes by an order dated 13. 8. 1962, and has been continuing as such. The petitioner obtained post graduate condense diploma certificate (Annexure-2) (Physics) with grade-A in the year 1970 from Agra University. The State Government issued a Government order on 19. 4. 1966 providing that science teacher of intermediate classes who have passed post graduate condense diploma course should be placed in the lecturers pay scale from the year 1964-65 or the year when they have obtained the diploma course (Annexure-3 ). On the strength of such certificate, the petitioner claimed lecturer grade but no heed was given to the request of the petitioner, therefore, the petitioner filed a Writ Petition No. 6948 of 1995, this Court on 21. 3. 1995 directed the respondents to dispose of the representation of the petitioner. ( 3 ) IN compliance to the above order, the representation dated 28. 3. 1995 was rejected by the deputy Director of Education by its order dated 21. 10. 1995 (Annexure-7) on the ground that in reference to the Government order dated 19. 4. 1966, the petitioner had not made his claim at the relevant time and such system was prevalent when trained science graduates were not reachily available and the Intermediate Education Service commission had not come into existence and after creation of this Commission by a circular dated 9. 6. 1995, a restriction has been made to appoint the persons on the post under purview of the Commission, in these circumstances, the benefit of lecturer grade was refused to the petitioner. On the other hand, teamed counsel for the petitioner has contended that the petitioners claim persisted since inception of G. O. dated 19. 4. 6. 1995, a restriction has been made to appoint the persons on the post under purview of the Commission, in these circumstances, the benefit of lecturer grade was refused to the petitioner. On the other hand, teamed counsel for the petitioner has contended that the petitioners claim persisted since inception of G. O. dated 19. 4. 1966 and creation of Commission has no correlation to the claim of the petitioner, therefore, benefit of lecturer grade cannot be stopped under Government order. ( 4 ) IN the counter-affidavit, the assertions of the petitioner have been controverted. ( 5 ) FOR proper appreciation of the arguments made by the learned counsel for the petitioner, the government order dated 19. 4. 1966 is quoted below : "subject.--Lecturers grade of pay to the Science Teachers of Intermediate classes who have passed postgraduate condensed diploma course. I am directed to invite of reference to G. O. No. AL/6302/xv-1605 (25)/1963, dated January 13, 1963 and to say that in partial modification of the same, the Governor is pleased to order that science teachers in the intermediate classes of the non-Government aided higher secondary schools who are B. Sc. (whether trained or untrained) and have passed the post graduate condensed diploma course may be allowed the Lecturers scale of pay of Rs. 175-10-215-EB-15-350. " ( 6 ) IT has been submitted on behalf of learned counsel for the petitioner that in Writ Petition No. 5476 of 1982. Vyendra Pal v. State of U. P. . similar issue arose when this Court has held in its order dated 7. 4. 1993 that the respondents were wrong in holding that petitioner was not entitled for fixation of pay in lecturers grade until a vacancy arose on the post of lecturer. And this court, further observed as below : "the lecturers grade is payable to a science teacher of Intermediate classes from 1964-65 or from the year they pass the post graduate condensed diploma course and also hold B. Sc. degree. The G. O. does not provide for creation of post or availability of vacancy in the lecturers grade. The only criterion for the entitlement of a science teacher of intermediate classes having B. Sc. degree for getting his salary fixed in the lecturers grade is that he has passed the post graduate condensed diploma course in 1964-65 or thereafter. degree. The G. O. does not provide for creation of post or availability of vacancy in the lecturers grade. The only criterion for the entitlement of a science teacher of intermediate classes having B. Sc. degree for getting his salary fixed in the lecturers grade is that he has passed the post graduate condensed diploma course in 1964-65 or thereafter. In case he had passed it in 1964-65 then from the year and if on a date subsequent to that then from the year he has passed it. " ( 7 ) THIS Court also by its order dated 4. 4. 1996 in Writ Petition No. 7290 of 1991, Vibhuti Prasad srivastava and Ors. v. State of U. P. and others, directed the authorities to pay lecturers grade to the writ petitioner in view of above Government order. ( 8 ) I have heard learned counsel for the parties and perused their pleadings. I find that the petitioner was B. Sc. and obtained post graduate condense course diploma certificate in Physics in the year 1970, therefore, without creation of any post in lecturer grade, the petitioner is legally entitled to the benefit of G. O. 19. 4. 1966 and he is legally entitled to the salary of lecturer grade from 8. 12. 1971. ( 9 ) IN view of the foregoing observations, the order dated 21. 10. 1995 impugned in the writ petition cannot be sustained and set aside and the writ petition is allowed in view of the above observations. ( 10 ) THE writ petition is allowed with a direction to the D. I. O. S. , Aligarh to fix the salary of the petitioner in lecturers grade from 8. 12. 1971 preferably within eight weeks from the presentation of a certified copy of this order, and the arrears subsequent to the fixation shall also be paid within six months. .