SATENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) I have heard Sri B.D. Mandhyan, Senior Advocate for the petitioners; Sri Ajay Kumar Sharma for Committee of Management and Sri Sudhakar Upadhyay for District Basic Education Officer, Saharanpur.

(2.) In Writ Petition No. 1308 of 2002, the petitioners have prayed for, a direction to the respondents to extend to the petitioners the benefit of Junior High School (Payment of Salary of Teachers and Other Employees) Act 1978 (in short the Act of 1978), from the date of their initial appointment and to pay salary and allowances as admissible to teachers of recognised primary schools and primary sections as per Government Order issued from time to time.

(3.) The petitioner No. 1 is Intermediate, Adeeb-e-Kamil and U.T.C. (Urdu) and petitioner No. 2 is B.A., B. Ed. It is contended that the Nehru Kisan Vidhyalaya (Junior High School) Nakur, Saharanpur was initially established as a Primary School and was given permanent recognition on 3.9.1965. In the year 1967, it was raised to the level of Junior High School. The recognition was given by the Director of Education, 1st Region, Meerut vide letter dated 4.11.1977, with certain conditions. It is alleged that both the Primary School and the Junior High School are integral parts and are being run in the same building. They have common Head Master and they are administered by same Committee of Management. The petitioner No. 1 was issued appointment letter by the Committee of Management on 25.7.1997 and was appointed as Urdu Teacher on 7.10.1998. The petitioner No. 2 was appointed by the Committee of Management as Assistant Teacher by letter dated 27.11.1998 and he joined on 1.12.1998. Their appointments were approved by the Basic Shiksha Adhikari, Saharanpur on 25.7.2000 but they have not been paid salary from the state account. A joint representation was made by them and various reminders were sent. The Junior Section of the School is getting grant-in-aid since April, 1984 and that the teachers of the Junior Section have been given the benefit of Junior High Schools (Teachers and Other Employees) Payment of Salaries Act 1978.