Court No. - 18
Case :- WRIT - A No. - 8783 of 2018 Petitioner :- C/M Janta Vaidik Junior High School, Pindora, Jahageerpur, Shamli Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Sanjay Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
It is stated that primary section of the institution in question is functioning which is attached with the Junior High School. 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 the institution is functioning in the same premises under the same head master.
Learned counsel for the petitioner states that in the present matter the District Basic Education Officer, Shamli has already sent report on 21.02.2018 to the Director of Education (Basic), Allahabad and as such, a request has been made for a direction commanding the first respondent to have an appropriate call on the said report.
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 to the respondent no.1 to consider the report of the District Basic Education Officer, Shamli dated 21.02.2018 contained in Annexure 2 to the writ petition, or which may be filed within a period of two months 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 two months thereafter. The consequences shall follow accordingly.
Order Date :- 28.3.2018 SP/