- (1.) Petitioners who are 53 in number seeks a writ of mandamus directing the state authorities to ensure payment of monthly salary to the petitioners on regular pay scale applicable to the post held by them on month to month basis. A further mandamus is prayed for a scheme being framed for regularization/absorption of the petitioners against substantively vacant post of Assistant Teacher (L.T. Grade)/as Lecturer, in a time bound manner.
(2.) Facts in short giving rise to the present writ petition are as follows : Social Welfare Department of the State of U.P. runs institutions which are known as Ashram Paddhati Schools. These institutions are meant for socially backward students. According to the petitioners certain posts were created for these institutions which have been extended from time to time. In the year 2008, an Advertisement was published in all the districts of the State of U.P. for appointment of Assistant Teacher (L.T. Grade) and Lecturers in such institutions. The petitioners applied and have been appointed as such. It is not disputed that with the end of the academic session 2008-09, the appointment of the petitioners came to an end. On re-opening of the institutions, fresh advertisement was published for making appointment on the same terms and conditions which has been challenged by means of Civil Misc. Writ Petition No. 46464 of 2009 wherein an interim stay order has been granted. Other writ petitions have also been filed for the same purpose which have been connected. Some of the petitioners are stated to have been appointed in pursuance to the advertisement which was published in the year 2009-10. A Government order has been issued on 20.7.2010 whereunder the posts for the academic session 2010-11 were directed to be filled with the condition that the Selection Committee shall keep in mind the interim order which has been granted in favour of particular person in the writ petitions including those referred to above.
(3.) According to the petitioners they have since been continued. Each of the petitioner claims that they have been paid a consolidated salary of Rs. 12,000/- per month as on date. The petitioners contended that there is no justification for making payment of salary on consolidated basis, they discharge same duties and responsibilities like any other teacher. The petitioners are possessed of the prescribed minimum qualification and they have been appointed after following the procedure prescribed. Reliance has been placed upon the judgment of this Court in the case of Renu Tewari v. State of U.P. and others, for the reliefs as prayed. It is pointed out that in another writ petition namely writ petition No. 19129 of 2011 practically for the same relief, the High Court has called for a counter-affidavit from the respondents.;