STATE OF U P Vs. DAYA SAGAR

JUDGEMENT

(1.) The Special Appeal No. 303 of 2007 arises out of a short Judgment of learned Single Judge dated 2.2.2000, by which he allowed the Writ Petition No. 16944 of 1994 for payment of salary to Shri Daya Sagar Das and Shri Ram Sewak, Assistant Teachers, teaching in the primary section of Ram Adhar Kanya Junior High School, Gaushala, Maharajganj, with half the arrears from the date other teachers were paid their salary.

(2.) In Special Appeal No. 1198/2008 learned Single Judge has, by his Judgment dated 4.8.2004 in Writ Petition No. 1478/2000, found that the controversy involved is covered by the decision of this Court dated 2.2.2000 in Writ Petition No. 16944/1994, and gave the same relief of payment of salary and half of the arrears to three teachers namely Shri Ram Niwas Patel; Shri Rajesh Kumar Sahi and Shri Ganga Prasad teaching as Assistant Teachers in the primary school of the same Junior High School.

(3.) The facts, as given by learned Single Judge in his Judgment in Writ Petition No. 16944/1994, are that the petitioners claim to have put in 18 years of service as basic teachers in Primary School of the Ram Adhar Kanya Junior High School, Gaushala, Maharajganj (in short the Junior High School). The Assistant Director of Education (Basic), VIIth Region, Gorakhpur exempted Shri Daya Sagar Das petitioner No. 1, and Shri Ram Sewak petitioner No. 2, from training, by his orders dated 11.12.1995, and 24.9.1996 respectively. The primary school was attached with the Junior High School prior to 25.3.1975. By the Government Order dated 21.5.1979 the Junior High School was recognised for grant-in-aid, but the primary section was not so recognised. Learned Single Judge thereafter observed that the primary section, in which the petitioners started teaching, was affiliated to the Junior High School on 8.3.1973, and therefore, the petitioners were entitled for payment of salary according to the provisions of Payment of Salaries Act.