MD NEZAM ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties and with their consent this writ application is being disposed of at this stage itself. The prayer of the petitioners, who are all teachers working in Sir Sayed Minority Urdu Middle School, Godda, is for direction to the respondents to pay their salary to them, which is due since 1993. Other prayer of the petitioners is for direction to the respondents to release necessary funds to the school in question for payment of regular salary to the teachers and staffs serving in the said school. According to the case of the petitioners, they are continuously working as teachers in Sir Sayed Minority Urdu Middle School, Roshan Bag Asanbani, situated at Godda since 1993, but they have not been paid their salary till date. Further claim of the petitioners is that the school in question is recognized as a Minority Institution and, therefore, the State is liable to pay the salary to its teachers. A counter affidavit has been filed on behalf of the State, wherein a notification dated 7th July 1993 has been annexed as Annexure-A and it is stated that Sir Sayed Minority Urdu Middle School, Roshan Bag Asanbani, situated at Godda was granted recognition without any financial aid and assistance i.e. Vitta Rahit and with a condition that no grant from the Government fund would be given to the school.

(2.) In view of this notification (Annexure-A to the counter affidavit), the question for direction to the respondents to pay salary to the petitioners cannot arise.

(3.) It also appears from supplementary affidavit filed by the petitioners that the Government of Jharkhand has come out with an Ordinance in the year 2003, by which all such institutions, which were not getting any Government Grant, were asked to make an application for such grant from the State Government under the provisions of the said Ordinance. Nothing has been shown by the petitioners that pursuant to the said Ordinance also any application has been made by the petitioners to the State Government. Therefore, in my view no case for any interference by this Court is made out. Accordingly, this writ petition is dismissed.