Vineet Saran, J. - (1.) Both these writ petitioners are based on same facts and raise similar questions and hence they have been heard together and, with the consent of the learned Counsel for the parties, they are being decided finally at the admission stage.
(2.) The Writ Petition No. 33619 of 1999 has been filed by the Committee of Management, V.K. Higher Secondary School, Kanpur Dehat with a prayer for quashing the order dated 1.7.1999 passed by the District Inspector of Schools, Kanpur Dehat and also for a direction to the respondents to approve the appointments of the two teachers made by the Committee of Management for the additional sections of Classes 1 and 2 in the Primary Section of the institution. The other Writ Petition No. 48290 of 2002 has been filed by the two teachers who have been appointed on such posts with a prayer for a direction to the respondents to pay salary to the petitioners with arrears.
(3.) The brief facts of this case are that the institution, namely, V.K. Higher Secondary School, Kurshi Khera, District Kanpur Dehat is a duly recognized High School and is included in the grant-in-aid list of the State U.P. The said institution is also running a primary section since long, which was earlier not under the grant-in-aid scheme. On 6.9.1989, the State Government issued an order for payment of salaries to teachers of Primary Section attached to High Schools and in the list of institutions specified by the State Government, the name of the institution in question was also included. Thus thereafter, the State Government was also making the payment of salary to teachers of the primary section of the said institution in question, Clarifying an earlier Government Order dated 21.10.1985, the Director of Education on 12.11.1989 clearly stated that the salary for the teachers of the primary sections would be paid on the basis of one teacher per class and further payment of salary to one teacher in every additional section should also be ensured. In response to a specific query that if a new section is opened according to the fixed standards, then whether the teachers appointed in such newly created section would be entitled for payment of salary under the Payment of Salaries Act, Director of Education on 19.7.1990 clarified that the payment of salary to such teacher of the Primary Section for additional recognized sections shall be determined on the basis of the Notification dated 12.11.1989.;