- (1.) Heard Sri R.C. Pal, learned counsel for the petitioner and Sri Pankaj Rai, learned Standing Counsel.
(2.) The undisputed facts of the present case are that the petitioner was running a Junior High School. The institution was covered under the provisions of the U.P. Recognised Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as the Act 1978). Since the Junior High School was under the grant-in-aid, therefore, the salary of the staff was being paid by the Basic Shiksha Adhikari and Basic Lekha Adhikari, Agra. On 22nd March, 1993, by the order of the Regional Secretary, Madhyamik Shiksha Parishad, Meerut, the Institution has been upgraded from Junior High School to High School level and the same has been granted recognition. Aid was not given to the level of High School by the State Government and, therefore, it did not fall within the purview of the U.P. High School and Intermediate Education (Payment of Salaries of Teachers and other Employees) Act, 1971.
(3.) It appears that up to the June, 1993, the staff of the Junior High School had received the salary from the respondent nos. 3 and 4, but thereafter the payment of salary has been stopped. The payment of salary has been stopped on the ground that after upgradation to High School it ceases to be Junior High School and does not fall within the purview of Act 1978.;