TAPESHWAR PRASAD GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before this Court seeks a writ of mandamus directing the respondents to pay salary to the petitioner in the grade of Rs.5500-9000 w.e.f. 15.07.1996 along with interest through an account payee cheque, in the alternative to consider and decide his representation dated 19.01.2012.

(2.) It is the case of the petitioner that Jai Sat Gurudev Janta Inter College, Dullahpur, Ghazipur is an institution recognized under the provisions of the Intermediate Education Act, 1921 (herein after referred to as the Act, 1921). It is further stated that the institution has been taken on grant-in-aid list in the year 1983 and the provisions of U.P. Act No. 24 of 1971 were made applicable to the said institution. In paragraph 5 of the writ petition, it is stated that the petitioner was appointed as Assistant Teacher (Social Science) vide letter dated 10.07.1996. He joined the institution on 15.07.1996. The respondent, Committee of Management, is not making payment of salary admissible to the post of Assistant Teacher of an Intermediate College. On the contrary petitioner is being paid a meager amount. It is submitted that the petitioner is discharging the same duties as are being discharged by any other Assistant Teachers working in the institution.

(3.) Reliance has been placed upon the judgment of the Hon'ble Supreme Court in the case of Chandigarh Administration and others vs. Mrs. Rajni Vali and Others, 2000 2 SCC 42 wherein it has been held that the salary to be paid by the unaided institution must be at par with that paid by institutions receiving grant-in-aid. It is stated that a hostile discrimination is being practiced by the Committee of Management in the matter of payment of salary to the teachers who have been appointed against non sanctioned post like the petitioner and those who have been appointed by the management against sanctioned post.