BIRENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri V.K. Mishra, learned Senior Advocate assisted by Sri Vivek Mishra, learned Counsel for the petitioners and learned Standing Counsel for the State-respondents. Petitioners before this Court seek a writ of mandamus commanding the respondents to pay salary to the petitioners from State exchequer.

(2.) The facts in short relevant for deciding the present writ petition are as follows:

(3.) Vikram Singh Vidyalaya, Prithavipur, Kannauj was initially a recognized junior high school. It was brought on the grant-in-aid list by the State Government under its order dated 2nd December, 2006. The controversy with regard to the payment of salary to the teachers and staffs of the institution from the State exchequer after the institution was brought on the grant-in-aid list, traveled upto this Court under Civil Misc. Writ Petition Nos. 57868 of 2006 and 63222 of 2006. The matter was relegated to be examined by the District Basic Education Officer. The District Basic Education Officer, Kannauj vide order dated 5th March, 2008 determined the names of persons entitled for payment of salary from the State exchequer. This order of the District Basic Education Officer is not under challenge in this petition.