S.U.KHAN, J. - (1.) HEARD learned Counsel for the parties.
(2.) PETITIONERS , who are 15 in number, claim to be Assistant Teachers in Primary School Kishan Uchchatar Madhyamik Vidyalala Dhangarhi, Munderi, District Maharajganj. They have described themselves as such in the array of the parties. Petitioners also claim that the Primary Section/School in which they are teaching is attached with the Higher Secondary School. It has further been asserted by the petitioners that the prunary school is being run since 1971 and it was recognised as such by District Basic Education Officer, Gorakhpur (BSA in short) through order dated 10.1.1973 through which tem­porary recognition from 1.7.1972 to 30.6.1973 was granted. This writ petition was allowed on 30.8.2000, however the said order was set aside in Special Appeal No. (d) 185 of 2001, State of U.P. and others v. Chandra Bhan Awasthi and others, through order dated 6.8.2008 and matter was remanded. Earlier writ petition was allowed following the judgment dated 7.1.1993 given in Civil Misc. Writ Petition No. 6241 of 1994.
(3.) THROUGH Government Order dated 6.9.1989 (Annexure-1 to this writ pe­tition) with regard to the teachers of 393 Basic Schools, which were continuing to function from prior to 1973, the Government took decision to pay salary to them under U.P. Payment of Salaries Act, 1971. Before the Supreme Court in the judgment in State of U.P. v. Pawan Kumar Dwivedi, JT 2006 (8) SC 579 (paragraph 23) Government gave an undertaking in respect of teachers of those 393 schools to continue to pay salary. According to the aforesaid G.O. of 1989, Government decided to pay salary to the teachers of those 393 Primary Sections, which were attached with some High School or Intermediate College before 1973. Some petitions were filed and allowed on the ground that even though a particular school was not in­cluded in the list of 393 schools given in the G.O. dated 6.9.1989, however it was attached with some High School or Intermediate College before 1973, hence teachers of the said school must also be paid salary. Petitioners of the instant writ petition also claim that the school, in which they were teaching, was also attached with the Higher Secondary School prior to 1973.;