MADHU SUDAN NARAIN DUBEY Vs. COMMITTEE OF MANAGEMENT, SRI BALDEV PRASAD, JUNIOR HIGH SCHOOL, DENDASAI, FATEHPUR AND OTHERS

JUDGEMENT

(1.) The communications dated 4th Oct., 1986 and 21st April, 1987 sent by the District Basic Education Officer, Fatehpur to the Manager of Sri Baldeva Prasad Junior High School, Dendasri, Fatehpur, indicate that the District Basic Education Officer had directed the Management to re - instate the petitioner as a Class IV employee in the aforementioned institution and take work from him. The agrievance is that neither the Management of the Institution concerned has allowed the petitioner to join nor is the petitioner being paid his usual emoluments. Hence this petition.

(2.) A supplementary affidavit has been filed. To it, a true copy of there presentation made by the petitioner to the District Basic Siksha Adhikari dated 7th Dec., 1987, has been annexed. In this representation the petitioner has reinterated the fact that neither any work is being taken from him by the Management nor is he being paid his emoluments. The provisions of the U.P. Junior High School (Payment of Salary of Teachers and other Employees) Act, 1978 are applicable to the case of the petitioner. Sec. 10 of the Act fasten the liability of payment of salary of teacher and other employees on the State Government. The District Basic Education per, therefore, is enjoined to ensure the payment of the salary etc. to the teacher need the employee. Sec. 6 of the Act empowers the District Basic Education Officer make a proper recommendation to the Deputy Director of Education for taking steps to supersede the Management and the Institution if the Management of the institution concerned does not care to carry out either Lire provisions of the Act or the action of the Basic Education Officer.

(3.) We direct the District Basic Education Officer to take appropriate steps for re payment of the salary to the petitioner and also in the compliance of his direction t the Management concerned. He shall do so within a period of six weeks from the to of the production of a certified copy of this order.