Court No. - 16
Case :- WRIT - A No. - 6988 of 2018 Petitioner :- C/M, Sri Guru Teg Bahadur Khalsa Junior High School, Maithan, Agra And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Tiwari Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
Hon'ble Ashwani Kumar Mishra,J.
It is contended that the petitioner institution is a recognized Junior High School, which has an attached Primary Section. Contention is that 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. 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. It is also stated that in the list drawn for the purpose name of petitioner institution also appears at Serial No.1, but its benefit is yet to be extended.
Sri R.B. Yadav representing respondent no.2 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 :- 27.2.2018 Anil