POONAM TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioners who are 4 in number challenging the order dated 3.9.2008 passed by the Additional Director of Education (Basic), respondent No. 2 whereby the claim of the petitioners for payment of salary under the Payment of Salary Act, 1972 has been rejected.

(2.) The facts of the case in brief are that, there is an Institution known as Mahatma Buddha Kanya Junior High School, Balupur, Ballia, District Ballia (hereinafter referred to as the Institution). The said Institution is recognized and is governed by the provisions of U.P. Basic Education Act, 1972 and also under the provisions of U.P. Recognized Basic School (Recruitment and Conditions of Services of Teachers and other Employees) Rules, 1978. The Institution has also been taken in grant-in-aid list.

(3.) The case of the petitioners is that the Committee of Management of the Institution sought permission from the District Basic Shiksha Adhikari, Ballia for running classes in extra Sections in Classes 6, 7 and 8. The Zila Basic Shiksha Adhikari passed order dated 1.6.1988 and granted permission for running additional Sections in each of the Classes of 6, 7 and 8 (Annexure 2 to the writ petition). In pursuance thereof sanction was sought from the District Basic Shiksha Adhikari for appointment of Assistant Teachers to run the extra Classes. The District Basic Shiksha Adhikari granted sanction by its letter dated 29.11.1999. Accordingly, a Selection Committee was constituted by the Committee of Management and the applications were invited and selections were held. The petitioners were found to be the most suitable candidates and they were issued appointment letters on 30.11.1990. However, the petitioners were not being paid salary from the State-Exchequer. Aggrieved, they filed Writ Petition No. 63340 of 2008 Poonam Tiwari and others Vs. State of U.P. and others. The said writ petition was disposed of by this Court by order dated 20.12.2007 with a direction that in case a Representation is made by the petitioners, the Additional Director of Education (Basic) Azamgarh Region, Azamgarh, shall examine the claim of the petitioners and pass a reasoned and speaking order. It is in pursuance of this direction of this Court this impugned order has been passed.