STATE OF UP Vs. ANITA TYAGI

JUDGEMENT

(1.) THIS appeal, apart from raising a challenge to the judgment of a learned Single Judge of this Court in a matter relating to a claim of payment of salary by the respondent-petitioner as a Triple Language Teacher, also calls into question a wider issue which has been raised by the appellant State of U.P. namely that payment of salary from the State Exchequer to such teachers of unaided basic schools is inadmissible under the scheme promulgated through the Government Order dated 10th March, 1964.

(2.) DURING the pendency of the appeal an impleadment application has been filed by twelve other similarly situate teachers in other institutions of the same district of Banda and their intervention has been permitted by the Court vide order dated 5th July, 2009.

(3.) THE Court while entertaining the writ petition called upon the respondents to file their response and Mahendra Kumar Singh the Deputy Director who had passed the impugned order dated 9th January, 2009 filed his affidavit contending therein that since the institution in which the respondent-petitioner was working, is an unaided institution, and had not been brought on the grant-in-aid list, there was no liability of the State Government to extend the benefit of any payment. It was further indicated that primarily it is the responsibility and liability of the management for making payments as the earlier payments made to the respondent-petitioner were made only on release of some funds by the State Government. It has been further stated that the State Government has taken a decision to hold an inquiry, about such teachers receiving salary and working in unaided institutions or beyond the sanctioned strength in aided institutions, as in the absence of any valid sanction of budgetary allocation the payments could not have been released. Accordingly the order impugned in the writ petition was justified.