N.L. Ganguly, J. - (1.) Quite a good number of writ petitions by teachers, lecturers, Cl sections 111 and Class IV employees of Educational Institutions in the State have been filed for a direction writ of mandamus by this Court to the District Inspector of School/the District Basic Education Officer and the Accounts Officer for making payment of salary to them. Since the facts and legal questions raised by the petitioners in the writ petitions are similar and common, we propose to decide all the writ petitions of similar nature by a common judgment.
(2.) About 56 writ petitions have been filed by ad hoc tea jars and ad hoc lecturers of High School and Intermediate Colleges who claimed to have been appointed under Section 18 (1) of U.P. Secondary Education Service Commission Act and (Removal of Difficulties) Order, 1981. These petitions have been grouped as Civil Misc. Writ Petition No. nil of 1992, Atesh Kuuar Singh v. District Inspector of School & others, connected with Civil Misc Writ Petition No. 29217 of 1991. Kamakhya Prokash Pathak v. District Inspector of Schools, Deorla & another, which have also been decided by a separate judgment by this Division Bench today.
(3.) Since after Independence there have been mushroom growth of Intermediate/High School/Junior High School* in the State Which are being managed by their private Committee of Management. Teachers and employees who are employed in these institutions were not being paid their salaries in time, salaries were not paid in full, torn ; of them bad to teach for several years in the hope of getting salaries in the near future. The payment of salaries to those teachers and other employees was made by the Committee of Managements. The educated you the of the State were allured by these Committee of Managements to accept job of a teacher in hope of getting salary and being employed. They had to wait and suffer for month and accept low emoluments from the employers. These gre hard realities which are all known. The poor teachers had to suffer and were exploited by the Committee of Managements in various ways. We cannot re fain ourselves from observing that the State Government did not rouke any endeavour to establish Government Institutions in the State for the last 40 years i. e sics Independence for the reasons best known to it. The education is allowed to be imparted by private Institutions controlled and managed by the Committee of Managements and this has contributed to the spate of litigation's. It was in this back ground the State Legislature enacted Act No. 24 of 1971 U. P, High School & Intermediate Colleges (Payment of Salaries to Teachers & others Employees) Act, 1871 which was subsequently amended by the U. P. Act No. 26 of 19 75. The said enactment applied to the teachers and lecturers of the High School & Intermediate Colleges in the State the Class HI and Class IV employees of the High School and Intermediate Colleges were not coverted by the said enactment. The regulations framed under U.P. Intermediate Education Act were not applicable to the Class III and Class IV and employee of the High School and Intermediate Colleges in the State Since regulations framed under Section 16 of the Intermediate Education Act were not applicable to the Class III and Class IV employees of tie High School & Intermediate Colleges. The State Government by G, O. No. Section 789 (l)/l6/(7)-75, dated 1st March, 1975 for the first time amended provisions of the regulations of Chapters II and III of the Regulations which included the benefits and protection to the Class III and Class IV employees.;