- (1.) THE present appeal has been filed against the judgment and order dated 1st of February, 2011 passed by the learned Single Judge, whereby the writ petition preferred by the Appellant seeking a direction for payment of salary from the State Exchequer has been dismissed.
(2.) WE have heard Sri. V.K. Gupta, learned Counsel for the Appellant, learned Standing Counsel, who represents Respondent Nos. 1 to 5, Sri. S.K. Verma, who represents Respondent Nos. 6 and 7 and have perused the impugned judgment and order dated 1st of February, 2011 passed by the learned Single Judge, giving rise to the present appeal, the grounds taken in the memo of appeal and documents filed along with it. Sri. Gupta, learned Counsel submitted that all the Appellants are working under the Triple Language Formula Scheme, 1964 in an unaided private educational institution, which is recognised one. They have been getting salary from the State Exchequer under the Triple Language Formula Scheme, 1964 implemented by the State Government. However, their salary has been arbitrarily stopped. Sri. Gupta, learned Counsel submitted that the Government Order dated 7.10.2010 issued by the State Government stopping the salaries of teachers appointed in unaided educational institutions under the Triple Language Formula is hit by the provisions of Article 51A of Constitution of India and is liable to be struck down as all the Appellants are going to be deprived of their livelihood, which could not be the intention of a welfare State.
(3.) WE may mention here that the payment of salary from the State Exchequer to all the Appellants under the Triple Language Formula Scheme, 1964 is not in dispute. However, when coming to the force of the Sarv Shiksha Abhiyan as enshrined in the Constitution the Government took a conscious decision in the light of the observation made by the Division Bench of this Court in the case of State of U.P. and Ors. v. Smt. Anita Tyagi, (6) A.L.J. 257 wherein payment of salary has been stopped. We may mention here that the Division Bench in the case of Smt. Anita Tyagi (supra) had specifically given liberty to the State Government to take a decision in relation to the payment of salary to the teachers of Triple Language Formula in unaided institutions. In the light of what was indicated in the said judgment dated 9th August, 2010 the State Government having taken a conscious decision by saying that in view of the enforcement of the Sarv Shiksha Abhiyan the scheme has become redundant, the payment of salary to such teachers should be stopped cannot be said to be arbitrary or violation of any of the provisions of Constitution of India. A Division Bench of this Court vide order dated 23rd of February, 2011 dismissed the similar Special Appeal No. 265 of 2011. However, we may observe that the Government of Uttar Pradesh being the welfare State should consider the hardship likely to be faced by the teachers appointed under the Triple Language Formula Scheme, 1964 in unaided institutions, who were being paid salary from the State Exchequer by considerable length of period.;