LAWS(CHH)-2012-11-4

H L SRIVAS Vs. STATE OF CHHATTISGARH

Decided On November 05, 2012
H L Srivas Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) THE facts, involved in the present writ petition are identical to that of W.P. No. 2438/1997 (Chhattisgarh Khadan Karkhana Mazdoor Union & Others v. Management of South Eastern Coalfields Ltd. & Others) and other connected matters, which are being disposed of today, by a separate judgment.

(2.) CHALLENGE in this petition is to the order dated 14.08.2008 (Annexure P/1), wherein the recognition granted to non-Government Higher Secondary School, Ghordewa, Katghora, has been cancelled and the students of that school were attached to the Government Higher Secondary School, Bankimongra. The School Management Committee is neither the petitioner nor a party respondent to the petition. Thus, the School Management Committee/Society, which may be actually aggrieved by the order, as aforestated, appears to be not aggrieved as the School Management Committee/Society have not approached this Court.

(3.) SHRI Nair, learned counsel appearing for the petitioners would submit that it is the contractual liability of the SECL to pay the salary and other allowances at par with the teachers of other government schools. The respondent No. 2 had issued a show cause notice (Annexure P/4) to the Managing Committee of the school asto why recognition granted may not be cancelled due to failure to pay the revised pay and allowances to the teachers. The school management, instead of replying to the notice, asked the Principal of the school to reply the same which was replied to on 26.08.2008 (Annexure P/5). Shri Nair would further submit that the dispute with regard to non-revision of pay and allowances has been pending before this Court since 1996 and the same is also in the knowledge of the respondent Board. Thus, before any decision is taken by this Court, the respondent-Board could not have cancelled the recognition granted to the school. Due to such act of the respondent Board, the students have been facing great hardships. The recognition granted to the school can be withdrawn or cancelled only on infringement of the conditions of such grant. There is no condition attached to the recognition granted to the school that the teachers should be paid salary and allowances at par with the government teachers. Thus, this ground is not available to the respondent Board for taking the impugned action. It is the further contention of the petitioners that the State has amended the rules regarding grant and withdrawal of recognition in the year 1994, wherein payment of salary or fixing the rate of salary is not a condition of granting recognition in these rules. Thus, the impugned order dated 14.08.2008 (Annexure P/1) deserves to be quashed.