Allahabad High Court
Khedan Yadav & Others vs State Of U.P.& Others on 20 July, 2012
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - A No. - 38875 of 2000
Petitioner :- Khedan Yadav & Others
Respondent :- State Of U.P.& Others
Petitioner Counsel :- S.P. Pandey
Respondent Counsel :- C.S.C.
Hon'ble Rajes Kumar,J.
The petitioners claimed to be the teachers of the Primary Section of the School, Sri Sidhnath Higher Secondary School, Sidhwal, District Mau seeking mandamus to the opposite parties to take steps for including the Primary Section of the petitioners' institution in the grant-in-aid list of the opposite parties and further seeking mandamus to the opposite parties to pay salary to the petitioners as Assistant Teachers in the Primary Section of the institution including the arrears of salary. The petitioners are also challenging the order of respondent no. 1 dated 19.4.1999 by which the claim of the petitioners has been rejected.
It appears that initially there was only a Primary Section. The recognition of said Primary School was granted in the year 1968. Subsequently it has been upgraded to the Junior High School and recognition was granted in the year 1974. The school was for the upgraded to High School and recognition has been granted for High School in the year 1977. It also appears that by the order dated 11.5.1984 passed by the District Inspector of Schools the Primary Section has been attached with the High School. The State Government has rejected the representation of the petitioner on the ground that the attachment of the Primary Section with High School was contrary to the Government Order No.2055/15-8-9007 (137)/1972 dated 21.6.1973 as the primary institution after 21.6.1973 could not be attached with the High School. It has been further observed that Primary Section was not found eligible for the grant-in-aid prior to 1971 and, therefore, the salary to the teachers of the Primary Section cannot be paid by the State Government. The petitioners are claiming their salary from the Government in view of the Government Order dated 6.9.1989 and under the Government Order dated 11.6.1990, Annexure-7 to the writ petition.
Learned Standing Counsel submitted that the petitioners are the teachers of the Primary Section School. They have no locus to claim that the School be put in grant-in-aid. They are only entitled for their salary from their employer, who has engaged them. It is only the Committee of Management or the College through the Principal can file writ petition claiming grant-in-aid. It is further submitted that as per the Government Order, 1973 only those institutions could be allowed to be attached which have already been attached prior to 21.6.1973. The said Government Order specifically states that the Primary Section shall not be attached with Uchattar Madhyamik Vidyalaya and they shall be under the control of Basic Shiksha Parishad. Therefore, the order of the District Inspector of Schools dated 11.5.1984 for the attachment of the Primary School with the Uchattar Madhyamik Vidyalaya is illegal and contrary to the Government Order and accordingly in the impugned order it has been held that the attachment of the primary section with the Uchattar Madhyamik Vidyalaya was illegal. He further submitted that the Government Order dated 6.9.1989 annexed along with the rejoinder affidavit does not help the petitioners. It only provides the payment of salary to the teachers of the Primary Section, who have been attached with the Uchattar Madhyamik Vidyalaya prior to 1973 w.e.f. 1.10.1989. Admittedly, the Primary Section of the petitioners' institution was not attached prior to 1973 and, therefore, this Government Order does not apply.
Sri D.P. Singh, learned counsel for the petitioners submitted that he may be allowed sometime to study the matter.
On his request, put up on 25.7.2012 for further hearing.
Order Date :- 20.7.2012
OP
