JUDGEMENT
R.A.Sharma, J. -
(1.) PETITIONER who is a teacher in Rudrapal Higher Secondary School, Latera, district Basti, has filed this writ petition for a writ of mandamus, directing the respondents to pay him salary from February, 1989 onwards. At the time when the writ petition was filed this Court granted the following interim order.
Issue notice.
Meanwhile the District Inspector of Schools, Basti is directed to pay the salary to the petitioner.
12 -12 -1989.
A counter -affidavit has been filed on behalf of the District Inspector of Schools, wherein it has been stated that the petitioner was appointed as untrained teacher on 2/3rd salary in C.T. grade and the same was approved by the District Inspector of Schools. Learned counsel for petitioner has, however, argued that the petitioner when appointed, was untrained and was appointed on 2/3rd salary in C.T. grade, but later on he completed the training and as such is entitled to the full salary from 1980.
It is not necessary for this court to go into this controversy as proper authority is District Inspector of Schools, Basti, who has not yet decided the question as to whether the petitioner should be paid full salary or 2/3rd of the C.T. grade. The fact, however, remains that the petitioner is entitled to his salary and the respondents are bound to make payment.
(2.) THE writ petition is accordingly allowed. The authority concerned should decide as to whether the petitioner is entitled to full salary or 2/3rd of C.T. grade. In case it is found that he has completed the training and is entitled to full salary, full salary shall be paid. By virtue of interim order dated 12 -12 -1980, as confirmed on 14 -9 -1989, the petitioner must have been paid salary. In case salary has not been paid the same shall be paid in accordance with law. In view of facts and circumstances of the case there shall be no order as to costs.;
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