STATE OF U P Vs. OM PRAKASH VERMA

JUDGEMENT

(1.) All the six special appeals are taken up and decided together as they arise out of common judgment. D.B. Sant Singh Khalasa Inter College, Partabpura, Agra is minority institution. Certain new sections were opened in this institution in certain classes with the approval of the District Inspector of Schools. Thereafter appointment of different writ petitioners in all these writ petitions which had been decided by the learned Single Judge, were made as teachers in L.T. Grade according to law. Proposals were sent to the Director of Education (Secondary) UP for creation of these posts. Nothing has been done at the level of the Director till date. These facts are not disputed.

(2.) The grievances of the writ petitioners, who are respondents in these special appeals, are that they had not been paid salary for the respective posts. The plea for non-payment as taken in the counter affidavit, is that the posts, against which they had been appointed, were not sanctioned by the Director of Education (Secondary). The learned Single Judge took into account Section sic of the U.P. High Schools and Intermediate Colleges (Payment of salaries of teachers and other employees) Act, 1971, (hereinafter referred to as the Act) particularly, the definition of teacher as per section 2 (e) of the Act, which includes any other teacher employed in fulfilment of the conditions of recognition of the institution of its recognition in a new subject or a higher class or as a result of opening with the approval of the Inspector of a new section in an existing class, the learned Single Judge has held that since new sections have been opened in certain classes in the institution in question with the approval of the Inspector and the writ petitioners have been appointed as teachers in consequence to the opening of these new sections hence the writ petitions- respondents herein, will be covered by the definition of the term teacher as given under section 2 (e) of the Act and as such the State can not escape the liability of paying their salaries under section 10 of the Act. The learned Single Judge accordingly allowed the writ petitions and directed the D.I.O.S. Agra, to make payment of salary to these writ petitioners from their dates of appointment and also the arrears may be cleared within a period of six months.

(3.) Feeling aggrieved thereby, the State Government has preferred these Special Appeals and as there was long delay of 299 days, the State Government was directed to pay costs of Rs. 500/- to each of the writ petitioners which has been paid by the State Government. Thus, the delay has been condoned.