Court No. - 18
Case :- WRIT - A No. - 6454 of 2018 Petitioner :- Vishnu Dutt Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Singh,Mahendra Singh Counsel for Respondent :- C.S.C.,Suresh Kumar Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Mahendra Singh, learned counsel for the petitioner and Shri Suresh Kumar, learned counsel for the second respondent.
It is stated that primary section is functioning which is attached with the Junior High School since 1986. 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 head master.
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 representation of petitioner contained in Annexure-6 to the writ petition, or which may be filed 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 two months thereafter. The consequences shall follow accordingly.
Order Date :- 22.2.2018 RKP