C/M Swami Vishramdas Tyagi Evam ... vs State Of U.P. And 2 Others
2018 Latest Caselaw 781 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 18189 of 2018
 

 
Petitioner :- C/M Swami Vishramdas Tyagi Evam Rustam Sing Purv Madhyamik Vidyalaya
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Amit Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Santosh Kumar
 

 
Hon'ble Manoj Kumar Gupta,J.

Heard counsel for the parties.

It is contended that the petitioner institution which is a recognized Junior High School has an attached Primary Section. The teachers and employees working in Junior High School are being paid salary under The Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978, but such salary is being denied to the teachers of the attached Primary Section. Learned counsel places reliance upon a decision in State of U.P. and others vs. Pawan Kumar Dwivedi and others, reported in 2014(9) SCC 692, to contend that benefit of aid is liable to be extended to the teachers of the primary section also. It is also stated that in the list drawn for the purpose, name of petitioner institution appear at Serial No. 269, but its benefit is yet to be extended.

Learned standing counsel representing the State respondents and Sri Santosh Kumar, learned counsel appearing on behalf of respondent No. 3 very fairly state that the matter shall be examined by respondent No. 1, within such time as may be directed by this Court.

Accordingly, the writ petition is disposed of with direction to respondent No. 1 to examine the claim of the petitioner with regard to grant of aid to the attached primary section, keeping in view the observations made by the Supreme Court in Pawan Kumar Dwivedi (supra), within a period of three months from the date of production of a certified copy of this order and a fresh representation.

(Manoj Kumar Gupta, J.)

Order Date :- 22.5.2018

AM/-