K.N.Singh, J. - (1.) By means of this petition under Article 226 of the Constitution, the petitioner seeks relief for the issue of a writ of mandamus, directing the District Inspector of School, Gorakhpur, to fix the petitioners salary in the new scale of pay applicable to the principles of aided Intermediate institutions.
(2.) Swavalambi Intermediate College, Bishunpura in the District Gorakhpur is an aided and recognized institution under the provisions of intermediate Education Act 1921. Initially the institution was recognized and aided, for imparting education to the Junior High School classes only and the petitioner was appointed Headmaster of the Junior School. Later, the institution started teaching High School and Intermediate classes and by the recognition dated July 1, 1974 the institution was included in the list of aided institution, as a result of which the provisions of the U.P. High Schools and Intermediate Education (Payment of Salaries of Teachers and other Employees) Act, 1971, hereinafter referred to as the Salaries Act became applicable and the salary of teachers of the institution was paid by the State Government. On raising of the institution from Junior High School to the High School standard, the petitioner was appointed Headmaster in 1965 and later when the institution was granted recognition for Intermediate classes, in July 1974 the Committee of Management of the institution promoted the petitioner to the post of principal of the institution, His appointment was approved by the Deputy Director of Education, Gorakhpur, by his order dated 4-10-74. On the petitioners appointment as principal of the institution the question of salary payable to him arose. According to the principal he was getting Rs. 680 as basis salary on the date he was appointment to the post of principal of the Institution as such he was entitled to a higher pay in the pay scale of Rs. 550-1200. The District Inspector of School however, fixed his salary at Rs. 550 i.e. at the minimum of the pay-scale of Rs. 550-1200. The petitioner as well as the Committee of Management both made several representations to the District Inspector of Schools as well as to the Deputy Director of Education protesting against the fixation of petitioners salary and requested them to issue of direction for fixation of the petitioners salary correctly in accordance with the Regulations and the Government orders. The Deputy Directors of Education by his order dated 23rd May, 1975 (Annexure 17 to the writ petition) directed the District Inspector of School to fix the petitioners salary in the pay-scale applicable to the principal at a higher stage then what the management had been paying him prior to his promotion. The letter clearly stated that the salary paid by the management to the petitioner prior to July, 1974 should be accepted and his pay should be fixed accordingly. Inspite of this direction the District Inspector of Schools did not fix the petitioners salary. Aggrieved, the petitioner filled the petition for the issue of a writ of mandamus directing the District Inspector of Schools to fix his salary.
(3.) After hearing learned counsel for the parties at length, I find that the controversy involved in the present case is as to what amount of salary the petitioner was entitled on his promotion to the post of principal of the institution. The Manager of the institution by several letters addressed to the District Inspector of Schools and the Deputy Director of Education, (copies of which have been filed as Annexure 9, 10, 11 and 12 to the writ petition) clearly stated that the petitioners basic salary was Rs. 680 on the day the institution was included in the list of aided institutions in July 1974. The Manager took - pains to explain that the management had been paying salary to on the post of Headmaster of unaided High School in the revised pay-scale prescribed by the State Government vide its Governments orders issued from treat time. It appears that the Deputy Director of Education by his letter No. 7427/11-20 (30)/65-66, dated 1-12-1965 accorded approval to the petitioners appointment to the post of Headmaster. On 30th June, 1974, the management was paying a sum of Rs 680 to the petitioner. His basic salary in the pay-scale was Rs 450-950 prescribed by the Government for the Headmaster of aided institutions. Even though the institution in question was not an aided institutions prior to 30th June, 1974 yet the Management had chosen to give salary to the petitioner and other teachers in accordance with the Government orders prescribing pay scales for the aided institutions. It appears that the District Inspector of Schools refused to recognize the petitioners basic salary of Rs. 680 which was being paid to him by the management prior to his promotion to the post of principal on the ground that the revised pay-scale prescribed by the Government for the aided institutions were not applicable to unaided institutions as such the salary paid by the management was not applicable. There appears to be no good reason for this stand. The managements of some of the institutions were not paying salary in the pay-scales revised by the Government in 1969-72 and 1973, as a result of which the affected employers approached the Government. Thereupon the Government by its order dated 17-4-74 (Annexure 3 to the counter-affidavit) made it clear that the management of the unaided schools should also pay salary to the teachers in accordance with the pay-scales prescribed for aided institutions. In view of this direction issued by the Government, it was not open to the District Inspector of Schools to say that the basic salary which was paid to the petitioner prior to the inclusion of the institution in the list of aided institutions, could not be accepted for the purposes of fixation of his salary in the pay-scale prescribed for the post of principal of aided institutions.;