D. S. Sinha. J. - (1.) HEARD Shri C. D. Bahuguna, learned counsel appearing for the petitioner and Shri Shakti Dhar Dubey, learned Standing Counsel representing the respondents No. 1 and 2.
(2.) INVOKING the jurisdiction under Article 226 of the Constitution of India, the petitioner urges this Court to issue a writ, order or direction in the nature of mandamus, directing the District Inspector of Schools, Deoria and the State of U. P., the respondents No. 1 and 2 respectively, to pay him salary of the post of Lecturer in Sanskrit held by him at Ganga Bakch Kanodia Gandhi Intermediate College Kaptanganj, District Deoria. The petitioner asserts that he was appointed Lecturer in the institution on 13th October, 1974 and is, therefore, entitled to the payment of salary of the post of Lecturer. In support of his claim for salary the petitioner relies upon the provisions of section 10 of the Uttar Pradesh High Schools and Intermediate College (Payment of Salaries of teachers and other Employees) Act, 1971, hereinafter called the Act.
(3.) SHRI S. D. Dubey, learned Standing Counsel, does not dispute that the provisions of the Act would be applicable in the matter of payment of salary claimed by the petitioner. Sub-section (1) of section 10 of the Act renders the State Government liable for payment of salaries of teachers and employees of every institution due in respect of any period after March 31, 1971. For attracting the provisions of Sub-section (1) of section 10 of the Act it is necessary that the claim of salary should be by a 'teacher' or 'employee' of an 'institution', as defined by section 2 of the Act. Further condition for attracting the said provision is that the salary claimed by the 'teacher' or 'employee' must be in respect of a period after March 31, 1971.;