R.A. Sharma, J. - (1.) PETITIONER No. 1 is Head Master, petitioners No. 2 to 9 are Assistant Teachers, petitioner No. 10 is a clerk and petitioners No. 11 to 13 are Class IV employees of an institution known as Smt. Raheshwari Devi Junior High School, Srirampur, Pawai, District Azamgarh. On 7 -9 -1989 this School was raised to High School. Before upgradation of the School on 7 -9 -1989 all the petitioners were getting their salaries from the joint account maintained in the name of the District Inspector of Schools, Azamgarh and the manager of the school under. The Junior High School (Payment of Salaries to the Teachers and other Employees) Act, 1978 (hereinafter referred to as the Act of 1978). After the upgradation of the school with effect from 7 -9 -1989 payment of salaries to the petitioners have been stopped and they, as such have filed this writ petition for a writ of mandamus directing the respondents, namely, State of U.P., District Inspector of Schools, Azamgarh, District Basic Shiksha Adhikari, Azamgarh and the Committee of Management of the school to pay their salaries. The Government filed counter -affidavit and the petitioners have filed a rejoinder -affidavit in reply thereto. I have heard learned counsel for the petitioners and the learned Standing Counsel and the writ petition is being disposed of in accordance with the Rules of the Court.
(2.) STAND of the Government is that after the Junior High School was upgraded as High School, Act of 1978 automatically became inapplicable as the said Act is applicable to Junior High School only and as such, no payment can be made from the joint account maintained under the Act of 1978. It has further been stated or behalf of the State that for payment of salaries to the teachers of High School another Act known as U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Act of 1971) is applicable; but the institution in question, has not yet been brought under the purview of the aforesaid Act so far and as such, it is not possible for the State to make payment. Under the Act of 1978 it is the liability of the State to pay the salaries of teachers of the Junior High School and under the Act of 1971 State has the similar liability for making the payment of salaries to teachers and other employees of the High School Petitioners, as mentioned hereinbefore were getting the salaries under the Act of 1978, upto 7 -9 -1989 on which date the Junior High School was upgraded as High School. The object of the payment of the Salaries Act is to make the State Government liable for payment of the salaries of teachers and employees of recognised educational institution and to ensure the regular and timely payment of their salaries. The stand of the State that after the upgradation of the institution the Act of 1978 ceased to apply may be correct, but that does not absolve the State from making the payment of salaries to the teachers and other employees who were till the upgradation getting their salaries from it. A Junior High School can be upgraded to the status of High School only after it had been granted recognition by the Board of High School and Intermediate Education, which is a statutory authority constituted under the U.P. Intermediate Education Act. Once the Board grants recognition to an institution as High School, it becomes the duty of the State to pay the Maintenance grant and to bring such an institution within the purviews of Act of 1971. State cannot shirk its responsibility on the ground that proceedings are not yet over. If such proceedings are likely to take time, the Government can bring the institution within the purview of that Act on provisional basis subject to adjustment when final order is passed. But the Government cannot deny the benefit conferred by the Payment of Salaries Act to the teachers and the employees of the recognised institutions on the ground of pendency of the proceedings. In cases where the institution is upgraded from Junior High School to High School the change over from. 1978 Act to 1971 Act should also be automatic. In such cases also the Government can initially act on provisional basis subject to final adjustment. It is not the intention of the law that teachers, who were getting their salaries upto the date of upgradation should be deprived of the only source of their livelihood, namely, salaries, for no fault of theirs. Liability for payment of salaries undertaken by the State under the 1978 Act will continue even after the upgradation only one difference that the liability of the State after upgradation is under 1971 Act. For the reasons given above, the writ petition is allowed with costs and writ of mandamus is issued to the respondents to treat the school in question as one within the purview of 1971 Act, as early as possible but not latter than two months from the date of receipt of certified copy of this order and to make payment of salaries to the petitioners and other employees as and when it fall due. The arrears, if any, shall be paid within three months from the date of receipt of certified copy of this order.;