RADHEY MOHAN PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) PETITIONER No. 1 is Head Master, petitioners No. 2 to 9 are Assistant Teachers, petitioner No. 10 is a clerk and petitioners No. 11 to 13 are Class IV employees of an institution known as Smt. Raheshwari Devi Junior High School, Srirampur, Pawai, District Azamgarh. On 7 -9 -1989 this School was raised to High School. Before upgradation of the School on 7 -9 -1989 all the petitioners were getting their salaries from the joint account maintained in the name of the District Inspector of Schools, Azamgarh and the manager of the school under. The Junior High School (Payment of Salaries to the Teachers and other Employees) Act, 1978 (hereinafter referred to as the Act of 1978). After the upgradation of the school with effect from 7 -9 -1989 payment of salaries to the petitioners have been stopped and they, as such have filed this writ petition for a writ of mandamus directing the respondents, namely, State of U.P., District Inspector of Schools, Azamgarh, District Basic Shiksha Adhikari, Azamgarh and the Committee of Management of the school to pay their salaries. The Government filed counter -affidavit and the petitioners have filed a rejoinder -affidavit in reply thereto. I have heard learned counsel for the petitioners and the learned Standing Counsel and the writ petition is being disposed of in accordance with the Rules of the Court.

(2.) STAND of the Government is that after the Junior High School was upgraded as High School, Act of 1978 automatically became inapplicable as the said Act is applicable to Junior High School only and as such, no payment can be made from the joint account maintained under the Act of 1978. It has further been stated or behalf of the State that for payment of salaries to the teachers of High School another Act known as U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Act of 1971) is applicable; but the institution in question, has not yet been brought under the purview of the aforesaid Act so far and as such, it is not possible for the State to make payment.