- (1.) Heard Sri Gaurav Mehrotra, learned counsel for the appellants/writ petitioners and Sri Gopal Kumar Srivastava, learned Standing Counsel for the respondents State.
(2.) This intra court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules has been filed against the judgment and order dated 07.01.2020 passed in Writ Petition No. 240 (S/S) of 2020, by which, learned Writ Court, on considering the fact that report dated 22.08.2017, which is impugned in the writ petition, has already been scrutinized by the Division Bench of this Court in PIL No. 35090 of 2015 : Rajesh Rai Vs. State of U.P. and others, decided on 19.12.2017 and further review petition filed against the aforesaid order 19.12.2017 was dismissed, which was affirmed by the Apex Court not once but twice, dismissed the writ petition.
(3.) Learned counsel for the appellants has submitted that issue in question was decided in civil misc. writ petition No. 20320 of 1991 : Committee of Management Vs. Director of Education and others connected with Civil Misc. Writ Petition No. 9955 of 1992 vide judgment and order dated 4.10.1993 and a direction was issued to the respondents to make the payment of salary to all the teachers, and staff of the Institution whose names are recommended by the District Inspector of Schools, Deoria vide his final recommendation letter dated 24.1.1992 within a period of three months along with arrears. The judgment and order dated 4.10.1993 (Supra) was assailed by the respondents before the Apex Court by filing Special Leave to Appeal (Civil) No. 582-582A/94 and the Apex Court, vide judgment and order dated 21.4.1994, dismissed the SLP as withdrawn. Thereafter, the Deputy Director Secondary Education, Allahabad issued a letter dated 07.06.1994, directing to pay salary of teachers and other employees of the appellant institution. Thereafter, vide order dated 2.8.1994, the State Government has sanctioned the grant of all 76 teachers and other staff of the appellants institution of Junior High School and Secondary Education and not for the teachers working in primary section.;