CHANDRIKA PRASAD GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Chandrlka Prasad Gupta and ten others have filed this writ petition under Article 226, Constitution of India. Being aggrieved against Circular Letter dated October 19. 1989 (Annexure-10 to the writ petition) whereby Director of Education, U. P. (Secondary) vide Paragraph 3 of the said letter informed educational authorities that earlier Government Order dated October 4, 1989 granting revised pay scale to the teachers and other employees of recognised institution under the U. P. Intermediate Education Act, 1921 (as amended up-to-date) shall not be applicable in the case of those institutions, which were exempted under Section 13 of the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act. 1971 (for short called 'Act, 1971').

(2.) Petitioners claim to be the lecturers duly appointed and working in the recognised institution, called 'Cement Factory Inter College. Churk', District Sonebhadra (called 'College'), Petitioner No. 1 claimed to be working as Assistant Teacher in L. T. Grade. Petitioners claimed that the college was getting grant-in-aid and was a duly recognized institution under the Act, 1921. Petitioners have referred to various Government Orders prescribing pay-scales for respective posts of Lecturers and Assistant Teachers in the recognised institution In the State of U. P.

(3.) It is stated that General Manager, Churk Cement Factory is the Manager of the College and discharges all functions of the management of the institution. It is also averred that in making payment of salary to the teachers, management withholds certain amount from the amount of salary sanctioned by the Government and received by the management by way of grant, which is wholly unauthorized deduction. Petitioners claim to have made several representations containing their specific objections In this respect vide (Annexures-6A to 6E to the Writ Petition). According to the petitioners, management was guilty of deduction of amount and responsible for not utilizing the amount for the purpose for which It was sanctioned. In Paragraph 32 of the writ petition, It is mentioned that a sum of Rs. 12.34,339 was received towards grant-in-aid payable for the years 1988-89 to 1992-93 by the District Inspector of Schools and effort is being made by the Manager to receive the same. The petitioners apprehended that the Manager shall not utilize whole of it for payment to the teachers of the college.