SHIVANI YADAV Vs. STATE OF UP

JUDGEMENT

(1.) Petitioner No. 4 is the association of persons working as Guest Teachers for vocational courses run under an scheme sponsored by the Central Government in aided and recognized Intermediate Colleges. Petitioners No. 1 to 3 are members of the said association and claimed to be working as vocational subject teachers in the Intermediate Colleges under the said scheme. Petitioners are aggrieved by the order dated 7.4.2010 which in turn refer to an earlier Government Order dated 26.2.2010. Under the scheme floated by the State Government, payment to vocational subject experts is made on per lecture basis subject to the maximum of Rs. 10000/- per month. The petitioners are aggrieved by Clause IV of the notification dated 7.4.2010 which in turn refers to Government Order dated 26.2.2010 and provides that if subject teacher is imparting education to Class XI and XII separately then he would be entitled to one maximum of Mandey only i.e., Rs. 10,000/- per month and in no case two Mandey at the maximum of Rs. 10,000/- are to be paid to a vocational teacher. Counsel for the petitioners challenging the aforesaid notification dated 7.4.2010 submits that since they are teaching Class XI and XII under the orders of the management of the institution, they are entitled for two Mandeys. It is submitted that the State Government cannot restrict payment of one Mandey only, as the funds are in fact released by the Central Government, therefore, the restriction placed under the notification/Government Order is without authority.

(2.) I have heard Shri Ashok Khare, Senior Advocate assisted by Shri S.K. Rai, Advocate for the petitioners and the Standing Counsel for the respondents.

(3.) The scheme floated by the State Government under the funds allocated by the Central Government is for the purposes of providing vocational training to the students who are already admitted as regular students in various aided and recognized Intermediate Colleges. No cadre for vocational teaching has been created. The scheme is regulated by the Government Orders. The State Government has decided that teachers appointed for imparting education to Class XI and XII, would be paid on per lecture basis subject to the maximum of Rs. 10,000/- per month irrespective of the total number of periods actually taught.