- (1.) Leave granted. We have heard counsel on both sides.
(2.) This appeal by special leave arises from the judgment of the Division Bench of the Allahabad High Court, made on September 7, 1994, in Special Appeal No. 131/93.
(3.) The Division Bench by the impugned order has directed the Inspector of Schools to inspect the primary school covered under the provisions of Payment of Salary Act, 1971, to find out whether the primary section has been merged or attached to the High School which was upgraded in 1974, whether the teachers have been working in that school and whether salary was to be paid to such teachers who are working as per the said report. We have called for the said report in that behalf. In the report dated 25-1-1997, the District Inspector of Schools has stated that the inspection of the attached primary section of the respondent-Institution was made on January 7, 1997. It is further stated that the primary section of the school was recognised as an attached institution as per the orders of the District Inspector of Schools, Gorakhpur, dated September 6, 1989, and the payment of salary to the teachers of the primary section attached to the High Court (School) was being made under the Payment of Salary Act, 1971,. But after the school was detached from the list of the approved schools, the payment of salary came to be stopped. It is further stated that as per the records of the Institution, the attached Primary School is continuing from the year 1970. It is also stated that "(I)n the attached Primary Section of the institution total number of 21 teachers are teaching in which 19 (Nineteen) teachers are untrained and 2 (Two) are trained". More details have been furnished in the report. As regards the number of students found in the Primary Section of the institution, it is furnished in the report that as on 7-1-97, a total number of 859 students had been registered and 611 students were present. It is further stated that" (T)he present attached Primary Section is governed by the same Authorised Controller/Principal of the Higher Secondary School and the education is imported within the same campus as per rules.";