Court No. - 37

Case :- WRIT - A No. - 10422 of 2022

Petitioner :- Darbari Lal Yadav And 2 Others

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Sankalp Narain,Srivats Narain

Counsel for Respondent :- C.S.C.

Hon'ble Manish Mathur,J.

Heard Mr. Srivats Narain, learned counsel for the

petitioners, learned State Counsel for respondents 1 and

2. Notices to respondents 3 and 4 stand dispensed with.

Petition has been filed seeking direction to respondents to

release monthly salary along with arrears and interest

with effect from December, 2019. A further prayer

commanding the District Inspector of Schools to forthwith

enforce his order dated 24.02.2022 directing the

management to release salary of petitioners has also

been sought.

Learned counsel for petitioners submits that the institution

namely Sri Krishna Inter College, Nawabganj, Bareilly is a

recognized unaided Intermediate College where the

petitioners were appointed as part-time Assistant

Teachers(L.T Grade) with the same being approved by

the District Inspector of Schools vide order dated

07.02.1989. They were subsequently promoted and and

have been paid their salary through out till December,

2019 when it was inexplicably stopped.

Learned counsel for petitioners submits that although the

institution in question is unaided but a writ petition under

Article 226 of the Constitution of India would be

maintainable as has been held in the Full Bench decision

of this Court in Aley Ahmad Abdi v. District Inspector of

Schools and others, reported in 1976 AWC 731.

It is submitted that since the petitioners have been

appointed in terms of Section 7 AA(3) of U.P.

Intermediate Education Act, 1921(hereinafter referred to

as the Act of 1921) in terms of Government Order dated

10.08.2001, the petition as such is maintainable.

It has been further submitted that for the aforesaid

grievance petitioners have already submitted a

representation dated 12.10.2021 in pursuance of which

the Inspector has issued letter dated 24.02.2022 requiring

the Management to pay salary along with arrears to

petitioners.

Considering the aforesaid facts and submissions as well

as material on record, it is evident that although the

institution concerned is unaided but in terms of the

aforesaid Full Bench decision in

Aley Ahmad

Abdi(supra), the petition would be maintainable

particularly for the enforcement of performance of legal

obligations and duties. Since petitioners' appointment

have been made in pursuance to provisions of the Act of

1921 as indicated herein above and the Government

Order dated 10.08.2001, it is held that the petition is

maintainable.

Further more, it is also a relevant factor that upon

representation being made by petitioners, the District

Inspector of Schools Bareilly has conducted some enquiry

whereafter he issued directions to the the College

Management vide letter dated 24.02.2022 requiring the

Management to make payment of salary along with

arrears. The said directions appear to be uncomplied with

till date.

Considering the aforesaid facts and submissions as well

as the material on record, respondents 3 and 4 are

directed to make payment of salary to petitioners along

with arrears with effect from December, 2019 in terms of

statutory provisions and Government Orders indicated

herein above within a period of two months from the date

a copy of this order is produced before the said

respondents. In case of any legal impediment, petitioners

shall be made aware of the same within the same time

period.

With aforesaid observations and directions, the petition is

finally disposed of.

Order Date :- 2.8.2022

kvg/-

Digitally signed by GIREESAN KV

Date: 2022.08.04 20:02:44 IST

Reason:

Location: High Court of Judicature

at Allahabad