The claim of primary section teachers for salaries is inextricably interlinked with the fundamental right of children to get free education upto the age of 14 years.

( 1 ) THIS writ petition has been filed for a writ of certiorari praying for quashing the impugned order dated 7-6-1991 Annexure 11 to the writ petition and for e writ of mandamus directing the state Government to pay salaries to the teachers and other employees of the primary section of the D. A. V. Intermediate Colleges, Azamgarh under the U P. High Schools and Intermediate colleges (Payment of Sala ries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Payment of Salaries Act ).

( 2 ) I have heard Shri J. J. Munir, learned counsel for the petitioners Shri S. C. Budhwar, who was appointed as amicus curiae by my order dated 18-11-1996, and also learned Standing Counsel.

( 3 ) THE facts of the case are that there is an educational institution known as the D. A. V. Intermediate College, Azamgarh which is a recognised and aided institution. It is alleged in paragraph 2 of the writ petition that this institution imparts education from lower K G to intermediate classes, but the State Government gives grant-in-aid to the teachers and other employees from class 6 to class 12 only In para graph 3 of the petition it is alleged that the primary section of the institution, i. e. , from lower K. G. to class 5, runs in the same campus of the college and is under the same Committee of Management and Principal but the teachers and employees serving in the primary section are not paid salaries by the State Government but by the management from its own resources, petitioner Nos. 1 to 9 are teachers, and petitioner Nos. 10 to 14 are employees in the primary section.

( 4 ) IN paragraph 4 of the petition it is alleged that on 10-6-1963 the Manager of the institution filed an application before the District Inspector of Schools, Azamgarh praying for permission to start the primary section, as the citizens of the city were keen for it. True copy of the said application is Annerure 1 to the petition. On that application the then District Inspector of schools wrote permitted on the same day i. e. 10-6-1963. It is alleged in para 5 of the petition that classes of the primary section started from July, 1963.

( 5 ) IT appears that the State Government issued a G. 0. dated 6-9-1989 taking over the primary sections attached to 393 institutions in U. P. and since then the teachers and employees in these primary sections have been paid by the State Government under the payment of Salaries Act, 1971. True copy of this G. 0. is Annexure 4 to the petition. A perusal of this G. 0. shows that it is restricted to the primary sections of the 393 institutions referred to therein which had been attached to these Colleges before 1973.

( 6 ) THE primary section attached to the D. A. V. College, Azamgarh was not included in the list contained in the aforesaid G. 0. , and hence its teachers and employees continued to be paid by the management from its own resources.

( 7 ) IN a supplementary affidavit filed by petitioner No. 9 Kaushal Kishore, who claims to be a teacher in the primary section, the details of the emoluments presently being paid to the teachers and other employees of the primary section are mentioned. Thus petitioner No. 1 Ramji Tiwari is presently getting a total emolument of Rs. 310/- per month, petitioner No. 3 Prem Sagar upadhyaya is getting Rs. 300/- per month, petitioner Nos. 4 and 5 are getting Rs. 295 per month, and others are getting even less. In para 3 of this affidavit it is alleged that the petitioners are not paid any dearness allowance.

( 8 ) THE petitioners applied to the District Inspector of Schools praying for payment of salaries under the Payment of Salaries Act. True copy of this application dated 26-6-1990 is Annexure 5. In para 10 of the petition, it is alleged that petitioner No. 1 is M. A. , B. Ed. , petitioner No. 2 is m. Sc. Agriculture and trained, petitioner Nos. 3 and 4 are M. A. , B. Ed. etc. Thus the petitioners claim to be fully qualified.

( 9 ) SINCE no heed was paid to their request