RAN VIJAI SINGH, J. - (1.) THIS writ petition has been filed for issuing a writ of certiorari quashing the order dated 5.4.2007 passed by the Director of Education (Madhyamik) U.P. Lucknow by which the claim of the petitioners for payment of salary as Assistant Teacher in attached primary section to the Shastri Smarak Inter College Ahmadshahpur, Padra, District Baghpat has been refused. The aforesaid order has been passed pursuant to the order of this Court dated 19.3.2007 passed in Writ Petition No. 40460 of 2005, Kanak Singh and others v. State of U.P. and others. Vide order dated 19.3.2007, this Court has directed the respondent No. 3 i.e. Director of Education (Madhyamik) U.P. Lucknow to re-examine the entire facts relevant for the purposes of the compliance of the direction issued by the Court in its judgment dated 10.11.2003, including the issue as to how many students were actually admitted in the institution at the relevant time, the additional section permitted to be opened in attached primary section of the institution as well as validity of the appointments claimed by the petitioners with specific reference to the original documents in respect of the procedure adopted.
(2.) IN the present writ petition, the impugned order has been challenged on the ground that the respondent No. 3 while passing the impugned order dated 5.4.2007 has ignored the directions given by this Court and rejected the representation totally on irrelevant consideration and misconceived grounds. The facts giving rise to this case are that there is an Institution known as Shastri Smarak Inter College, Ahmadshahpur, Padra, District Baghpat which is duly recognized by the U.P. Board of High School and Intermediate Education. The services of the teachers and other employees are governed under the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed there under. The college is on the grant-in-aid list and the salary of the teachers and other employees are payable" under the provisions of U.P. High School and Intermediate Colleges (Payment of Salary of Teachers and other Employees) Act, 1971 (hereinafter referred to as Act of 1971).
(3.) INITIALLY up to 1989-90 the college was recognized only up to High School but later on this became an Intermediate College. Along with this college there was an attached primary section imparting education from Class I to V. Prior to 6.9.1989, the payment of the salary of the teachers working in the primary section was to be paid from college management. However, vide Circular dated 6.9.1989, the Government has decided to pay the salary to the teachers working in the attached primary section with High School and Intermediate Colleges and it is thereafter the payment of salary of the teachers working in the attached primary section became payable under the Act of 1971.;