SANGEETA CHANDRA,J. - (1.) This Special Appeal has been filed by the State-appellants challenging the order dated 01.09.1999 passed by learned Single Judge in Civil Misc. Writ Petition No. 34068 of 1991 (Sri Pramod Kumar Dubey and another v. State of U.P. and another), wherein the learned Single Judge has placed reliance upon the earlier decision dated 14.05.1993 passed in Writ Petition No. 34067 of 1991 (Sri Daya Shanker v. State of U.P.) and has allowed the claim of one class III employee working in Primary Section attached to a High School and Intermediate College.
(2.) The special appeal has been filed on the ground that the Primary Section attached to the High Schools and Intermediate Colleges do not have separate sanctioned posts of Class III or Class IV employees in Primary Sections and without sanction of post, no salary can be paid under the Payment of Salaries Act, 1971.
(3.) It has been contended by the State appellants that the U.P. High School and Intermediate College (Payment of Salaries of the Teachers and other Employees) Act, 1971 does not envisage payment of salary of teachers and employees of Primary Sections attached to such school. The Payment of Salaries Act, 1971 clearly deals only with schools having Class IX, X, XI and XII and by a policy decision taken on 06.09.1989 certain Primary Sections attached to certain Secondary Schools had been taken under grant-in-aid only because the recognition of such Primary Section was done by the District Inspector of Schools before the Basic Education Act, 1972 came into effect. Since recognition of Primary Section of Basic Schools was later on being done by the Basic Shiksha Parishad through the Basic Education Officer under the Basic Education Act, such schools could not be treated as part of High School and Intermediate Colleges.;