RAM PYARE GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The Petitioners, working as Assistant Teacher in Mahatma Gandhi Purva Madhyamik Vidyalaya, Japtapur, Jaunpur (hereinafter referred to as "School") having not being paid their salary since June 2007, have approached this Court by filing this writ petition in October 2009 seeking mandamus commanding the Respondents to pay their salary along with arrears. Though the relief in the writ petition has been worded in much broader way so as to include other teaching and non teaching staff of the School but learned Counsel for the Petitioners has confined prayer to the Petitioners in the present writ petition only.

(2.) The School is recognized by the Board of Basic Education under the provisions of U.P. Basic Education Act, 1972 (hereinafter referred to as "1972 Act") and for the purpose of payment of salary of teaching and non teaching staff of the School, provisions of U.P. Junior High School (Payment of Salary of Teachers and Other Employees) Act, 1978 (hereinafter referred to as "1978 Act") are applicable. Since the dispute of management is pending before the prescribed authority, the School is under single operation.

(3.) Petitioner No. 2 took over charge as Head Master of the School after retirement of one Kunwar Rajendra Singh, working as Head Master. Signature of Petitioner No. 2 were attested by District Basic Education Officer (hereinafter referred to as 'DBSA') on 30.7.2001. With regard to appointment of six persons as Assistant Teacher, some dispute arose whereafter DBSA passed an order on 31.3.2001 withholding payment of salary of entire staff of the School. Challenging the aforesaid order dated 31.3.2001, writ petition No. 18657 of 2001 was filed wherein an interim order was passed on 16.5.2001 directing the Respondent No. 4 to make payment of salary to the Petitioners in that case in view of the order dated 20.3.2001 already passed by Respondent No. 4, i.e. DBSA, Jaunpur.