Court No. - 18 Case :- WRIT - A No. - 39396 of 1992 Petitioner :- Nehru Laghu Madhyamik Respondent :- Addl. Director Of Education & Others Petitioner Counsel :- Indra Raj Singh Respondent Counsel :- S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioners and learned Standing
Counsel for the State-respondents.
Petitioner who are 4 in number were employed as Headmaster in
various recognised Junior High Schools of District Deoria. The
Institutions are stated to be on grant-in-aid list of the State
Government under order dated 28.12.1991.
Circular dated 13.7.1992, it provides that the salary of Headmaster
and other teachers of Institutions taken on grant-in-aid list under
Government Order 28.12.1991 be fixed at the initial pay scale
without taking into consideration the services rendered for the
period when the institution was unaided. To similar effect is the
letter dated 10.9.1992 issued by the Basic Education Adhikari,
Deoria informing the Management of the Institutions to ensure that
the salary of the petitioners is fixed at the minimum of the pay
scale from the date, the institution has been taken on grant-in-aid.
This Court while entertaining the present writ petition on
2.11.1992 passed an interim order whereby the operation of the
order impugned was stayed.
A counter affidavit has been filed on behalf of the State-
respondents justifying the issuance of the Government Orders.
Learned counsel for the petitioners however refers to the
judgement of this Court in the case of Shankar Dayal Singh and
others vs. Director of Education (Basic), Allahabad and others
reported in 1997 (1) A.W.C. 339 wherein similar controversy has
been settled in favour of the Headmaster/Teachers covered by the
same Government Order dated 13.7.1992 and the letter of the
Basic Shiksha Adhikari dated 10.9.1992. It had been held by the
Court that the same are arbitrary and have accordingly been set
aside.
In view of the aforesaid judgement of this Court, the present writ
petition has also to be allowed. The orders dated 13.7.1992 &
10.9.1992 are set aside. The salary of the petitioners be fixed after
providing the benefits of the services rendered when the institution
was unaided.
Writ petition is allowed.
Order Date :- 29.7.2010
Puspendra