Court No. - 58
Case :- WRIT - A No. - 12821 of 2018 Petitioner :- C/M Adarsh Janta Junior High School Bhangela Bhayangi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Virendra Chaubey
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Virendra Chaubey, learned counsel for the respondent no.3 and 4.
It is stated that primary section is functioning which is attached with the Junior High School since 1978. It is stated that though the teachers and employees of Junior High School are receiving salary from the State funds, but no salary is being extended to the teachers and employees of the primary section. It is submitted that both the institutions are functioning in the same premises under the same Headmaster. It is also stated that the Director of Education has also made recommendation in favour of the petitioner institution for being taken on aid and the communication in that regard addressed to the Secretary of the State of Uttar Pradesh has been brought on record as Annexure- 3.
Learned counsel for the petitioner has placed reliance on a recent Constitution Bench judgement of the Apex Court dated 2nd September, 2014 passed in Civil Appeal No. 3989 of 2006 (State of U.P & others vs. Pawan Kumar Dwivedi and others) and other connected appeals, wherein their Lordships have held that such teachers and staff of the primary section are also entitled to payment of salary from the state fund under the Payment of Salary Act, 1978. Said judgement has been passed in the matters pertaining to the State of U.P., therefore, the respondents are fully bound by the said judgment.
Considering the facts and circumstances of this case, writ petition is disposed of with a direction upon the respondent no.1 to consider the claim of petitioner to be made by way of a fresh representation, within a period of two weeks from today along with certified copy of this order, in light of the judgement of the Apex Court, referred to above, and take a decision in the matter in accordance therewith within a further period of four months thereafter. The consequences shall follow accordingly.
Order Date :- 28.5.2018 Ashok Kr.