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Smt. Maya Pandey And Others v. State Of U.P. And Others - WRIT - A No. - 39296 of 2007  RD-AH 14562 (27 August 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Vineet Saran, J.
Heard learned counsel for the parties.
Petitioners allege to have been appointed as Assistant Teachers in a Junior High School in the year 1989. It is further stated that at the time the petitioners were appointed, the institution was recognized as a Junior High School by the Basic Shiksha Parishad, U.P. at Allahabad. It is claimed that they have been continuously working in the institution.
A news item has been published whereby the State Government has taken a decision to bring large number of recognized Junior High Schools within the grant-in-aid list. Because of such publication, the Management of the institution with an ulterior motive to engage its own men, has started to modify/alter the manager's return, inasmuch as teachers whose names find mention in the managers' return would become entitled for payment of salary under grant-in-aid list by the State Government.
At this stage of the proceedings, the petitioners have approached this Court for a writ of mandamus commanding the respondents not to alter/modify the managers' return as well as not to interfere in the function of the petitioner as Assistant Teachers.
Large number of writ petitions for practically the same relief and with same allegations, are being filed before this Court every day. It is desirable that the State Government /Director of Education (Basic) U.P. Lucknow, may, therefore, issue necessary directions for ensuring:
(a) That teachers, who have been validly appointed in recognized Junior High Schools are not adversely affected because of deliberate arbitrary actions of the Management of the institution, as which are to be taken in the grand-in-aid list of the State Government.
(b) The right of the teachers, who are validly appointed since prior to the date the institution is taken on the grant-in-aid list against sanctioned posts is to be protected in accordance with law. For the said purpose it is necessary that the authority competent to sanction salary bills for payment of salary to such teachers, amongst others must enquire as to whether the appointment of the teachers/Headmasters concerned has been made in strict compliance of the U.P. Recognized Basic School (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 or not, inasmuch as once the institution is granted recognition as Junior High School under the U.P. Basic Education Act. The aforesaid provision became applicable to the institution. The authority must record specific findings individually in respect of such teachers, who are entitled for payment of salary through the public exchequer.
Let the Director of Education (Basic) U.P. Lucknow take appropriate action as aforesaid, with intimation to the Basic Shiksha Parishad, preferably within six weeks from the date a certified copy of this order is filed before him.
With the aforesaid observations/directions, this writ petition is finally disposed of.
w.p. 39296 of 2007
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