High Court of Judicature at Allahabad
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Raksha Pal Singh And Another v. State Of U.P. Thru' Principal Secretary Basic Edu. And Other - WRIT - A No. 18210 of 2007  RD-AH 6358 (6 April 2007)
Hon'ble V.K. Shukla, J.
Contention of petitioners is that they have been validly appointed Assistant Teachers in place of Vikramaditya Singh and Brijendra Kumar Singh. At the point of time when the institution in question is to be included in the grant in aid list of the State Government then large scale manipulation has been made qua the aforesaid two teachers approval has been accorded but as far as petitioners are concerned their name have been left out.
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 to be taken on the grant-in-aid list against sanctioned posts is to be protected in accordance with law. For the said purposes it is necessary that the authority competent to sanction salary bills for payment of salary to such teachers, amongst others must inquire 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 time from the date a certified copy of this order is filed before him.
With the aforesaid direction/observations, the present writ petition is disposed of finally.
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