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2007 Supreme(All) 805

SABHAJEET YADAV
SURENDRA KUMAR PANDEY – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, BASTI – Respondent


Advocates appeared:
B.S. Pandey for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—By this petition, petitioner has sought relief of mandamus directing the respondents to pay henceforth the salary of the petitioner month to month and arrears of salary alongwith other benefits permissible under law since the initial date of his appointment on the post of lecturer in Civics in the institution in question.

2. The brief facts leading to the case are that one post of lecturer in Civics in Kisan Inter College, Babhnan District Basti fell vacant on account of retirement of one Sri B.P. Srivastava lecturer in Civics, who retired on 30.6.1990. It is not in dispute that the institution is recognised Intermediate College under the provisions of U.P. Intermediate Education Act, 1921 and receiving grants-in-aid out of State fund, thus the liability for payment of salary of teachers and other employees of the institution is upon the State Government under the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. According to the petitioner’s case the Committee of Management of the institution vide its resolution dated 1.7.90 resolved to send the requisition to the U.P. Secon
































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