SUNIL HALI,J. - (1.) ISSUE in this writ petition relates to the entitlement of salary of the teachers working in the primary Section of the Institution which stands attached with the High School which receives grant in aid"
(2.) IN order to appreciate the controversy facts which are required to be mentioned are as under : Digvijay Nath Inter College, Chowk Bazar, Mahrajganj is a recognised Institution under the U.P. Intermediate Education Act 1921. It is under the purview of U.P. High School and Intermediate College Payment of Salary of Teachers and other employees Act 1971 (herein after referred to as 'Salaries Act of 1971') and the liability to pay the salary is on the State under Section 10 of the Act of 1971. Salary is being paid to the teachers and the employees teaching from Class 6 to 12. Present writ petition has been filed by the Committee of Management of the Institution for bringing the teachers and employees working in the primary Section of the Institution under the purview of Act of 1971. Vide order dated 4.3.1972 recognition was granted to the primary Section of the Institution which was followed by permission granted vide order dated 7.7.1972 by the DIOS to run the primary Section in the same Institution. The said primary Section is attached with the main Institution which is running up to High School. State Government vide Government Order issued in the year 1989 included 393 primary schools under the purview of Salaries Act of 1971 who were granted recognition prior to 1973.
(3.) GRIEVANCE of the petitioner is that in terms of the G.O. issued in the year 1989 primary Section of the School was not included in the list of schools who were brought under the purview of grant in aid and entitled to receive the salary under the Act of 1971. Even though representations were made by the Committee of Management which were forwarded to the State Government for necessary action. Since no response was received from the State Government a writ petition being Civil Misc Writ Petition NO. 43123 of 1997 was filed in which direction was issued by this Court to decide the case of the petitioners within a period of three months from the date certified copy of the order is produced. In compliance of the order of this Court, respondents vide order dated 8.9.1999 rejected the claim of the petitioner on the ground that Institution was not recognised prior to 1973 and were not entitled to be included under grant in aid list. This order was again challenged by the petitioner in this Court in Civil Misc Writ Petition No. 9173 of 2000 seeking direction in the nature of mandamus for extending the benefit of Salaries Act of 1971 to the teachers and employees of the primary Section. This Court vide its order dated 22.8.2005 directed the respondents to decide as to whether the primary Section of the petitioner's Institution fulfils the criteria laid down by the State Government for the applicability of the provision of salaries Act of 1971.;