D.P.Mohapatra, C.J. - (1.) The Committee of Management, Tagore Uchchatar Madhyamic Vidyalaya, Dilawarganj, Farrukhabad, through its Manager Devendra. Singh and Om Narain Singh, Principal, Tagore Uchchatar Madhyamic Vidyalaya, Dilawarganj, Farrukhabad, the petitioners of Civil Misc. Writ Petition No. 24363 of 1997, have filed this appeal challenging the order dated 31.7.1997 in which the learned Single Judge summarily dismissed the writ petition on the ground of alternative remedy. The relevant portion of the order reads: "Taking into consideration the facts and circumstances brought on record I am not inclined to interfere at this stage while exercising the extraordinary jurisdiction envisaged under Article 226 of the Constitution of India specially when the petitioners can get their grievances redressed by approaching the Deputy Director, of Education of the region concerned as clarified by this Court in the case of Shandar Hussain and Anr. v. Deputy Director of Education, Moradahad and Ors., reported in 1995 A.C.J. 1244. In the aforesaid view of the matter this writ petition is dismissed leaving it open to the petitioners to avail the other remedy."
(2.) In the writ-petition the petitioner-appellants challenged the order passed by the District Inspector of Schools, Farrukhabad, Respondent No. 1, directing "single operation" of the joint salary account of the institution under the second proviso to Sub-section (1) of Section 5 of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (U.P. Act No. 24 of 1971). The said order was passed on the ground that the Committee of Management of the institution had declined to take steps for payment of salary to two teachers and one Class IV employee, who were arrayed as respondents Nos. 3, 4 and 5 in the writ-petition and are respondents 3 to 5 in this appeal, despite the order of the District Inspector of Schools holding that they are entitled to draw salary under U.P. Act No. 24 of 1971. Apparently, the order was passed under second proviso to Sub-section (1) of Section 5 in which it is laid down, inter alia that in the case referred to in the proviso to Sub-section (2), or where a difficulty arises in the disbursement of salaries due to any default of the management the Inspector may instruct the Bank that the account shall be operated only by himself or by such other officer as may be authorised by him in that behalf and may at any time revoke such instruction. As noted above, the learned Single Judge dismissed the writ-petition without entering in to merit of the case holding that the petitioners can approach the Deputy Director of Education of the concerned region for redress of their grievances. The learned Single Judge placed reliance on the decision in the case of Shandar Hussain and Anr. v. Deputy Director of Education, Moradahad and Ors. (supra).
(3.) We have heard Sri Ashok Khare for appellants, learned Standing Counsel for respondents 1 and 2 and Sri P.C. Mishra for respondents 3, 4 and 5.;