STATE OF U.P. Vs. SMT. PRAKASHWATI

JUDGEMENT

(1.) This Special Appeal has been filed by the State-appellants challenging the order passed by the learned Single Judge dated 27.07.1999 in Civil Misc. Writ Petition No. 17504 of 1999 Smt. Prakashwati and others Vs. State of U.P. and others, whereby the learned Single Judge has allowed the claim of the respondents relying upon the judgment rendered by Honourable Supreme Court in the case of Vinod Sharma and others Vs. Director of Education and others, reported in 1998 (2) UPLBEC 108: 1998 (3) SCC 404.

(2.) The controversy revolves around the applicability of U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978, wherein the salary was being disbursed to the teachers and employees of Junior High Schools i.e. the institution, teaching only classes VI, VII and VIII. There was no provision in the Payment of Salaries Act of 1978 for attachment of Primary Sections run by such Institutions nor was salary being given to the teachers and employees of Primary Sections which were being run along with Classes VI, VII and VIII.

(3.) The learned Single Judge had relied upon the judgment rendered in the case of Vinod Sharma (supra) as it was the law at the relevant point of time. The State-appellants had filed the Special Appeal saying that since there was no provision in the Act for attachment of Primary Sections and disbursement of salary of teaching and nonteaching staff of such Primary Sections envisaged under the Act of 1978, no mandamus could have been issued by the Court for payment of salary of such employees belonging to Primary Sections attached to the Junior High Schools.