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Judgment
M. Katju, J.—By means of this writ petition, the petitioner has prayed for quashing the impugned order of the District Inspector of Schools, Alld. dt. 1651995 Annexure9 to the writ petition and for a mandamus directing the respondent No. 1 to pay them salary regularly along with arrears.
2.I have heard the learned counsel for the petitioner and the learned Standing Counsel.
The petitioners were appointed as teachers in the Primary Section of Allahabad Inter College, Allahabad which is a recognised institution whose teachers are being paid salary under the Payment of Salaries Act from grantinaid. However, the teachers and employees of the primary section were not being paid salary under the Payment of Salaries Act since no grantinaid was sanctioned for the primary section.
These teachers and employees of the Primary Section were being paid salary by the Committee of Management from its .own resources. The petitioner No. 1, Smt. Aruna Shukla was appointed as Assistant Teacher in the primary section w.e.f. 1111969 vide Annexure1 to the writ petition and has been functioning since then. The petitioner No. 2 was appointed on 781974 vide Annexure2 to the petitioner.
It is alleged in paragraph 11 of the writ petition that there was seven sections in the primary section and seven teachers were working, "the petitioners 1 and 2 were class teachers of class VA and class I respectively. It is alleged in paragraph 13 of the writ petition that one Sumer Chand Agarwal was working as Head Master of the Primary Section and one Vishnu Prasad Singh was working as clerk. By order dated 691989, the State Government brought 393 primary institutions attached to recognised Intermediate Colleges and were established before 1973, under the grantinaid list. True copy of the said order is Annexure 3 to the Writ petition. Under the said order the Primary Section of Allahabad Inter College was also brought under the Payment of Salaries Act, 1971. There after, the Director of Education vide order dated 21101989 forwarded the list of the Institutions which were brought under the purview of Payment of Salaries Act and also laid down certain guidelines. True copy of this order is Annexure4 to the writ petition. True copy of the corrigendum dated 12111989 is Annexure5 to the Writ petition. In pursuance of these orders of the State Government and Director of Education, a list of teachers and employees of the primary section was submitted by the Committee of Management to the District Inspector of Schools for payment of salary. It is alleged in paragraph 20 of the writ petition that in the list of nine persons Sumer Chand Agarwal and Vishnu Prasad Singh were also shown as teachers although Sri Sumer Chand Agarwal was working as Head Master and Vishnu Prasad Singh as a Clerk. The District Inspector of Schools thereafter passed an order dated 1841990 granting financial sanction to only seven teachers out of nine teachers working in the institution. True copy of the order is Annexure6 to the writ petition. Consequently, salary of the petitioners was stopped from Oct. 1989 and the Committee of Management did not permit the petitioner to perform their duties as teachers.
Aggrieved the petitioner made a representation to the District Inspector of Schools and the Committee of Management alleging that the petitioner No. 1 had put in 20 years service in the institution and the petitioner No. 2 had put in 15 years service and hence the alleged action of the respondents was arbitrary. The petitioner filed writ petition No. 12531 of 1990 in this Court and this court vide its order dt. 921995 directed the District Inspector of Schools to decide their representation. The petitioner served this order on the District Inspector of Schools and alleged that Sumer Chand Agarwal and Sarju Prasad Misra who were working in the institution and were getting salary as Assistant Teachers in the primary section had retired in February and Sep., 1994 respectively. However, the District Inspector of Schools rejected the representation vide order dt. 1651995, Annexure9 to the writ petition. Hence this petition.
A counter affidavit has been filed by the District Inspector of Schools. In paragraph 6 of the same, it has been alleged that there was only seven classes in the primary section and hence sanction was granted only for seven teachers. In paragraph 7, it has been alleged that in the list of teachers submitted by the Management the names of Sumer Chand Agarwal and Vishnu Chand Singh were shown as teachers vide Annexure C.A.1. However, it is not denied that Sumer Chand Agarwal and Sarju Prasad Mishra have retired.
On the facts and circumstances of the case I am therefore, of the opinion that the petitioners should, be allowed to work on the post of teachers vacated by Sumer Chand Agarwal and Sarju Prasad Mishra provided nobody has been appointed in the meantime on these posts. The petitioners have been teaching since long and it would be arbitrary and unreasonable not to allow them to work on the vacant posts.
Hence this petition is allowed and a direction is given to the respondents to allow the petitioners to work as assistant teachers and pay salary under the Payment of Salary Act in the primary section of the institution provided the posts are still lying vacant. No order as to costs.