Court No. - 16
Case :- WRIT - A No. - 7124 of 2018 Petitioner :- C/M Dayanand Inter College, Daudpur, Gorakhpur, Through Its Manager Ranveer Shankar, And Anothers Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
It is contended that the petitioner institution is a recognized Intermediate College, which has an attached Primary Section. Contention is that the teachers and employees working in college 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. Learned counsel places reliance upon a decision in State of U.P. and others vs. Pawan Kumar Divedi and others, reported in 2014(9) SCC 692, in order to contend that benefit of aid is liable to be extended to the petitioner institution as well.
Learned Standing Counsel states that grievance of petitioner would be examined by the competent authorities, in accordance with law.
Considering the facts and circumstances, brought on record, this writ petition stands disposed of with a direction upon respondent no.1 to examine the claim of petitioner with regard to grant of benefit of aid to it, keeping in view the observations made in Pawan Kumar Divedi (supra), within a period of four months from the date of presentation of certified copy of this order.
Order Date :- 28.2.2018 Anil