GAYA DEEN SHRI RAMDEEN SHYANALA DEVI NARENDRA Vs. PRINCIPAL SECRETARY OF EDUCATION MADHYAMIK U P GOVERNMENT

JUDGEMENT

(1.) The petitioners have filed this writ petition against the order dated 13th February, 2001 (Annexure '9') passed by the District Inspector of Schools, Allahabad denying claim of the petitioners for payment of salary from the State Exchequer since the institution wherein the petitioners are employed is not receiving grant-in-aid and the provisions of the U.P. Recognized Institution (Payment of Salaries) Act, 1971 are not applicable in the present case. The petitioners have also sought mandamus directing the respondents to bring the college in question under grant-in-aid and pay regular salary to the petitioners in the prescribed pay scale as per Governments Rules.

(2.) In brief, the relevant facts, as disclosed in the petition, are that the petitioners were appointed as Class IV employees in the year 1971 at Annie Basent School, Allahabad vide appointment order dated 1.2.1971 (Annexures 1 and 2) issued by the Principal of the aforesaid School. The petitioner no. 1 was appointed as Kuli and the petitioner no. 2 was appointed as PARICHARIKA at the fixed salary of Rs.30/- per month besides dearness allowances. It is stated that Annie Besant School was up-graded to Higher Secondary School in the year 1997. Thereafter, the management of the School informed the Regional Deputy Director of Education, Allahabad vide letter dated 30th October, 1993 that the petitioners have been appointed as Class IV employees in the scale of Rs.750-940/- in High School and their appointments may be approved, since the appointments are being made in anticipation of approval. It is also stated that the aforesaid appointments were approved in respect whereof the letter dated 28.10.1993 is claimed to be filed as Annexure '4', but it is actually the minutes of the selection sub committee who selected some candidates as teachers and the petitioners as Class IV employees and not a letter of approval as asserted in the writ petition.

(3.) The petitioners further claimed that after their approval by means of Annexure '5', they were permitted to work in Higher Secondary Classes since the College was upgraded from Junior High School to High School. However, Annexure '5' is a letter dated 27th March, 1997 issued by the Regional Deputy Director of Education addressed to the Principal and Manager of the Annie Basent School stating that the aforesaid school was Recognized unaided (Vitta Viheen) School, hence liability of payment of salary etc. of teachers and other staff is to be borne by the management and not by the office of the Regional Deputy Director of Education, Allahabad. So far the selection proceedings are concerned, the same were consented and approved. The petitioners claim that although College has now been upgraded to intermediate level but the respondents are not paying salary to the petitioners under the relevant Payment of Salaries Act. The petitioners claim that half of the institution is being treated runders grant-in-aid and the salary is being paid to the teachers under the U.P. Junior High Schools (Payment of Salaries of Teachers & other Employees) Act, 1978 but the petitioners are not being paid salary under the said Act from the Government Exchequer.