JITENDRA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners (five in number) are claiming payment of salary from the State Exchequer with effect from the date of their appointment i.e. on 18.05.2001 in the primary section (upto class V) attached to the institution namely Gyan Prakash Intermediate College, Bhaluwani, Deoria.

(2.) The stand of the petitioners is that the primary institution was established in the aforesaid institution in the year 1969 after it was granted recognition by the District Inspector of Schools vide letter No. 582 dated 17.03.1969. Thereafter, the order of attachment of the said section to the intermediate college was passed. The order of recognition or attachment are not on record. Moreover, there is no dispute about the fact that the primary institution is being run since its establishment in the year 1969 as an integral part of the intermediate institution having common management and is being managed by the duly constituted committee of management.

(3.) It is stated in the writ petition that the teacher as well as student attendance register being maintained in the institution have been verified from time to time by the District Inspector of School concerned. The payment of salary to the primary teachers was initially being made form the reimbursement grant received from time to time from the State Government as well as out of managerial resources. By the Government order dated 06.09.1989, issued to bring the primary teachers attached to 393 boys higher secondary school, the primary institution teachers of the institution in question were brought on the grant-in-aid list of the State Government. Consequently the teachers working in the primary section were held entitled to get salary from the State exchequer. The circular dated 28.12.1989 was then issued by the Director of Education (Mahdyamik), U.P. providing for standard/fixing strength of the students per class/section as 40 (for class I to V) in continuation of the circular dated 21.10.1989, which in turn was issued for implementation of the Government order dated 06.09.1989 for bringing the attached primary schools to higher secondary institution running since 1973 or prior to that, in the grant-in-aid list of the State Government.