MANGING COMMITTEE OF VINAY KUMAR HIGHER SECONDARY SCHOOL, KURAO KHERA, DIST. KANPUR AND ORS. Vs. DISTRICT INSPECTOR OF SCHOOLS AND OTHERS

JUDGEMENT

(1.) The petitioner are the Managing Committee of the Vinay Kumar Higher Secondary School, Kurai Khera, district Kanpur, as also the Education Extension Society, through its Secretary. The petitioner runs a High School, which is recognized by the Board of High School and Intermediate Education. The petitioner was receiving a grant from the Education Department.

(2.) By an order dated 27th Oct., 1979 (Annexure 8' to the writ petition), the District Inspector of Schools directed that under the provisions of Sec. 5 (1) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teacher and other Employees) Act, 1971, he would operate the account singly instead of jointly, as was being done. Aggrieved, the petitioners have filed the present petition. The petitioners were not sure as to the ground on which the impugned order was made.

(3.) In paragraph 20 of the counter-affidavit filed by Prem Kant Saxena, Noter and Drafter in the office of the District Inspector of Schools, Kanpur, it is stated that the order was made only on the ground of default contained in respondents letter dated 13th Aug., 1979 but not on the grounds specified in the petition. We asked for the counsel to produced the aforesaid letter. Annexure SA-2 is a copy of the letter dated 13th Aug., 1979. In it, it is stated that the petitioner has not paid the salary of a class IV employee Anand Swarup. from 1st Aug., 1978, to 14th Dec., 1978, and the petitioner was asked to pay his salary within ten days failing which action will be taken under Sec. 5(1) of the Act.