VISHNU PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners who are 53 in number seeks a writ of mandamus directing the state authorities to ensure payment of monthly salary to the petitioners on regular pay scale applicable to the post held by them on month to month basis. A further mandamus is prayed for a scheme being framed for regularization/absorption of the petitioners against substantively vacant post of Assistant Teacher (L.T. Grade)/as Lecturer, in a time bound manner.

(2.) Facts in short giving rise to the present writ petition are as follows :

(3.) According to the petitioners they have since been continued. Each of the petitioner claims that they have been paid a consolidated salary of Rs. 12,000/- per month as on date. The petitioners contended that there is no justification for making payment of salary on consolidated basis, they discharge same duties and responsibilities like any other teacher. The petitioners are possessed of the prescribed minimum qualification and they have been appointed after following the procedure prescribed. Reliance has been placed upon the judgment of this Court in the case of Renu Tewari v. State of U.P. and others, for the reliefs as prayed. It is pointed out that in another writ petition namely writ petition No. 19129 of 2011 practically for the same relief, the High Court has called for a counter-affidavit from the respondents.