Court No. - 39
Case :- WRIT - A No. - 13251 of 2019
Petitioner :- Vaibhav Kumar Upadhyay And 6 Others
Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain
Counsel for Respondent :- C.S.C.,Chandan Agarwal
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioners is permitted to implead Regional Level Committee through its Chairman/ Assistant Director of Education (Basic) IIIrd Region, Bareilly as respondent no. 7 in the writ petition during course of the day.
Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1, 2, 3 and 7 and Sri Chandan Agrawal, learned counsel for the respondent nos. 4 and 5.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no. 6.
Learned counsel for the petitioners submitted that there is an institution namely Saliq Ram Gram Sabha Junior High School, Karauliya, District Badaun (hereinafter referred to as the Institution), which is Junior High School and is governed by the U.P. Basic Education Act, 1972. The said institution is under the grant in aid list of the State Government. He further submitted that petitioners were appointed on the post of Assistant Teachers in primary section of institution on various dates and they are continuously working on the said post. In the year 2014, the Apex Court in the case of State of U.P. and others Vs. Pawan Kumar Dwivedi and others reported in 2014 (9) SCC, 692 held that the teaching and non- teaching staff of an attached primary section in an aided Junior High School will be entitled for payment of salary from the State Exchequer. This view was also followed by a Division Bench of this Court in the case of Paripurnanand Tripathi and another Vs. State of U.P. and others reported in 2015(3) ADJ, 567 (DB). He next submitted that in light of judgment of the Apex Court as well as this Court, the petitioners are receiving salary. In compliance of the aforesaid order, Government order dated 26.6.2015 was issued whereby general guidelines were laid down pertaining to taking of the attached primary section of an aided Junior High School under the grant-in-aid list and the conditions pertaining to the sanction of different teaching posts. Aggrieved against the Government Order dated 26.6.2015, the petitioners approached this Court by filing Writ-A No. 11746 of 2016 which was disposed of vide judgment and order dated 14.3.2016 with a direction to the State Government to consider the cause of the petitioners and pass appropriate orders in accordance with law. In compliance of the order of the this Court, Director Basic Education has decided the matter and held that Regional Level Committee constituted under the provisions of Government Order dated 26.6.2015 and 8.11.2017 is having authority and shall consider the case of the petitioners vide order dated 5.10.2018. He next submitted that since then the matter is pending before the respondent no. 7 for decision except raising queries from one respondent to other respondent. He also submitted that a direction may be issued to the respondent no. 7 to consider the case of the petitioners for grant of salary in light of the judgment of the Apex Court as well as this Court.
Learned Standing Counsel appearing for the respondent no. 7 submitted that the case of the petitioners shall be considered and decided in accordance with law considering the judgment relied upon by learned counsel for the petitioners.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 7 to consider and take decision in the matter of petitioners strictly in accordance with law within two months from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.7 to decide the case of the petitioners after considering the relevant Rules, relevant judgment and Government Order occupying the field.
Order Date :- 26.8.2019 Rmk.