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2009 Supreme(All) 52

S.RAFAT ALAM, SUDHIR AGARWAL
COMMITTEE OF MANAGEMENT – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shri Dwivedi and Triloki Nath for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Both these matters involve common questions of law and facts and, therefore, as agreed by learned counsel for the parties have been heard together and are being decided by this common judgment.

2. These intra-Court appeals under the Rules of the Court have been preferred by the Committee of Management, Mahila Udyog Mandir Junior High School, Uncha Mandi, Allahabad (hereinafter referred to as the “School”) through its Manager, Sri Akhilesh Kumar Mishra assailing the judgment dated 10.11.2005 of the Hon’ble Single Judge whereby it has disposed of the Writ Petition No. 51322 of 2000 filed by respondents No. 6 to 8 in Special Appeal No. 1461 of 2005 (hereinafter referred to as the “leading appeal”) and Writ Petition No. 51985 of 2000 filed by respondent No. 6 in Special Appeal No. 12 of 2007.

3. The facts in brief giving rise to the present dispute are that the School is a recognised junior high school by the Board of Basic Education (in short “the Board”) under the U.P. Basic Education Act, 1972 (hereinafter referred to as “1972 Act”) and is also getting grant in aid from the State, hence, the liability of payment of salary is with the State Government
































































































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