Pradeep Kumar Singh Baghel, J. - (1.) The petitioners are ten in number. They are Headmaster, Teachers and Non -Teaching Staff, Class -IV employees in different Junior High Schools. They are aggrieved by a common order of the Director of Education (Basic), U.P., Lucknow i.e. the second respondent dated 08th July, 2010, whereby their claim for the payment of salary has been rejected.
(2.) Briefly stated the facts are that Rajendra Singh Smarak Purva Madhyamik Vidyalaya, Bilhat, Budaun; Tejendra Pal Singh Purva Madhyamik Vidyalaya, Nagpur Manpur, Budaun; Raja Karan Singh Junior High School, Khera, Jalalpur, Budaun; Azad Junior High School, Kakrala, Budaun, and Janta Junior High School, Bankota, Budaun are recognized and aided Junior High Schools. They are recognized under the provisions of the U.P. Basic Education Act, 1972 (U.P. Act No. 34 of 1972). These Institutions are receiving financial aid from the State Government for the payment of their teachers and non -teaching staff, hence they are also governed under the provisions of the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 and the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978.
(3.) Initially, these institutions were not receiving the aid from the State Government. All the petitioners were appointed in the aforesaid respective institutions prior to the financial aid granted to them. The petitioner No. 1 was appointed as Headmaster on 16.2.1981 and the petitioner No. 2 was appointed on 03rd July, 1984. Their appointment has been approved by the District Basic Education Officer vide order dated 19th September, 1987 and 24th October, 1986 respectively. The approval orders of the petitioner Nos. 1 & 2 are on the record as annexure Nos. 4 & 5 to the writ petition. The petitioner Nos. 3, 4 & 5 were appointed as Assistant Teachers. The petitioner Nos. 6 and 7 were appointed as Clerk and approval was accorded to their appointments on 10.8.1987 and 24.10.1986. The petitioner Nos. 8, 9 & 10 were appointed as class -IV employee. The details of the petitioners regarding the date of appointment, the name of institution and the date of approval are mentioned hereunder in a tabular form: JUDGEMENT_94_LAWS(ALL)3_2016.jpg The petitioners have brought on record their appointment and approval orders as annexure Nos. 4 to 8 to the writ petition.;