PHUSHPA DEVI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for mandamus direction respondents to 'pay salary to the petitioners in accordance with U. P. High School and Intermediate College (Payment of Salary of Teachers and Other Employees) Act 1971. The petitioners are teachers in primary section of Mahatma Gandhi Intermediate College, Hathras, Aligarh. The petitioner No. 1 was appointed on 1-7-71 and other petitioners were appointed subsequently. In para 14 of the petition it is stated that the primary section was granted recognition by the District Inspector of School, Aligarh on 28-8-71. The Junior School was granted temporary recognition on 9-12-71 permanent recognition on 14-8-72. True copies of which are Annexure 2 and 3. It is stated that later on High School was also granted permanent recognition by the Board In para 8 it is stated that re-imbursement grant was sanctioned for primary section of the Institution from 1971 to March 1972 and similar grants were given upto 1982-83 as stated in para 10 of the petition. In para 11 of the petition it is stated that subsequently no grant was granted for the year 1983-84 onwards. In para 12 it is stated that by Government order dated 6-9-89,393 institutions were given grant-in-aid, but not the peti tioners institution petitioners made several representation but to no avail, 2 In the counter affidavit filed by Shri Ram Lakhan it is stated in para 4' that in view of the Government order dated 21-6-73 no primary institution can be attached to Higher Secondary School. Hence the primary sect on shall not be treated as attached to the Institution. Similar controversy arose in Civil Misc. Writ Petition No. 6241 of 1992, Committee of Management v. Director of Education, decided by Hon'ble R. A. Sharma on 71 93 It has been held in that judgment that the basis on which the benefit of the Act has been denied to the primary section, cannot be sustained. 3 Following the aforesaid judgment, this writ petition is allowed. A mandamus is issued to the respondents to put the primary section of the college in maintenance grant in accordance with Government order dated 6 9-89 and to pay salary to the teachers m primary section in accordance With the Payment of Salary Act. Petition allowed. .