BALI RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) The case set up by the petitioners in the writ petition is that Dr. Bheem Rao Ambedkar Primary Pathshala Mahariya District Siddharth Nagar is a junior primary institution imparting education upto Class V and run by a Society namely Dr. Bheem Rao Ambedkar Primary Pathshala Mahariya, District Siddharth Nagar. It is recognized by Basic Education under the provisions of U.P. Basic Education Act, 1972 (hereinafter referred to as "Act, 1972"). The petitioners claim to have been appointed on 23.6.1981, 23.6.1982, 23.6.1983 and 23.6.1986 respectively. They claimed to have worked for more than ten years and therefore, requested for sending them for training in view of certain Government Orders issued from time to time. It is also stated that Management recommended for exemption to petitioners from requirement of training in December, 1992. The said recommendation was approved by District Basic Education Officer, Siddharthnagar on 24.12.1992. The institution was brought in grant in aid by Government Order dated 31.3.1994 and in view thereof petitioners claimed that they should be paid salary from State Exchequer. It is with this prayer present writ petition has been filed.

(2.) I have heard Sri Advait Kumar Srivastava, Advocate, holding brief of Sri M.P.Pandey, learned counsel for the petitioners and perused the record.

(3.) Despite repeated query, learned counsel for the petitioners could not show any provision under which liability of payment of salary of teaching or non teaching staff of a privately managed junior primary school, like the institution in which petitioners are working, can be saddled upon the State Government. Admittedly, institution in question being a junior primary school owned and managed by a private body is not governed by the provisions of the Uttar Pradesh Junior High School (Payment of Salaries of Teachers & Other Employees) Act, 1978. There is no statutory provision whereunder State has undertaken responsibility of payment of salary to the teachers of recognized junior primary school managed by a private body. The grant in aid to such recognized junior high school is a financial aid extended to a recognized institution but does not result in conferring legal right upon the teachers to claim payment of salary from State Exchequer or by State Government. The relationship of teachers for all purposes whatsoever remain confined with management of institution who has appointed them and there is no privity of contract between such teachers and Government so as to entitle teachers to claim salary from State Exchequer. Moreover, in the present case, only the institution was recognized for the purpose of standard of education etc. and not to confer financial benefit also. It was not run by Basic Education Board but a private institution and hence governed by Uttar Pradesh Recognized Basic Schools (Recruitment & Conditions of Service of Teachers & Other Conditions) Rules, 1975 (hereinafter referred to as "Rules, 1975"). Rule 4 of Rules, 1975 clearly provides that it is the responsibility of management of privately managed but recognized junior primary school to arrange adequate finance for proper functioning of institution. Rule 4 of Rules, 1975 reads as under: