R.H. Zaidi, J. - (1.) PETITIONERS , who are six in number, approached this Court by means of the present petition under Article 226 of the Constitution of India praying mainly for a writ, order or direction in the nature of mandamus commanding the Respondents to pay the arrears of their salary to them and for direction to the said Respondents to decide the representations made by them.
(2.) PETITIONERS claimed themselves to be teachers of the Sanskrit School known as Laxmi Narain Sanskrit Pathshala, Mokatpur, district Jaunpur, (hereinafter referred to as Pathshala). The Pathshala is said to be affiliated to Sampurnanand Sanskrit Vishwavidhyalaya. Petitioners claim that the management of Pathshala was superseded and District Inspector of Schools was appointed to manage its affairs. They have pleaded that they were appointed by the District Inspector of Schools on 12.7.79 and since 14.7.79, they have been performing their duties, Le., teaching Sanskrit in the Pathshala. It has also been pleaded that on 20.6.80. their appointments were approved by Vice Chancellor of the aforesaid University, but inspite of approval, their salaries have not been paid to them. Consequently, they have made representations to the District Inspector of Schools and have also approached the Asstt. District Inspector of Schools, Varanasi, but in vain. Since the Respondents did not pay any heed to the requests made by the Petitioners and to the representations filed by them, they have no option, but to approach this Court in its extraordinary jurisdiction under Article 226 of the Constitution, for the above noted reliefs. In compliance of the order passed by this Court, counter -affidavit was filed on behalf of the Respondents. i.e., District Inspector of Schools controverting the allegations made in the writ petition. in the counter -affidavit, it has been stated that the management of Pathshala was vested in its committee of management. Pathshala, which used to receive the grant -in -aid from the Government. in the year 1971, the grant -in -aid of the Pathshala was suspended and Asstt. Inspector of Sanskrit Schools Informed the District Inspector of Schools about the same vide his letter dated 26.4.71. It was also intimated that Addl. Director of Education, U.P. authorised the District Inspector of Schools, Jaunpur to draw the grant -in -aid of the Pathshala from the treasury for disbursing the salaries to the teachers of Pathshala. The letter dated 26.4.71 has been filed as Annexure C. A -l to the counter -affidavit. The said letter is quoted below:
(3.) ON the basis of aforesaid letter, it has been asserted that the District Inspector of Schools was authorised only to draw the grant -in -aid from the treasury for disbursing the salaries to the teachers of the Pathshala.;