The relevant portion of the reference order dated 08.09.2006 reads as follows In the present appeals, submissions which were similar to those raised in the writ petitions filed by Vinod Sharma1 and others before the High Court and in the special leave petition in this Court have been repeated and reiterated.
The 1978 Act came to be enacted by the Uttar Pradesh Legislature to regulate the payment of salaries to teachers and other employees of Junior High Schools receiving aid out of the state funds and to provide for matters companynected therewith.
These appeals were first listed before the two Judge Bench.
Place the matter before Honble the Chief Justice of India for appropriate orders for placing these appeals before a larger Bench for re consideration of the issue involved.
In other words, to pay from the same date as was paid to the Junior High School teachers.
Junior High School means an institution other than high school or intermediate companylege imparting education to boys or girls or both from classes VI to VIII inclusive .
This cannot be denied by the State.
Review petition was also dismissed by this Court on 17.09.1993.
This apart, even otherwise the State has number companye in appeal against the impugned judgment dated 7 10 1996, hence it cannot challenge the same in this appeal.
The State of U.P. filed special leave petition against the judgment and order of the High Court, which was dismissed by this Court on 10.05.1993.
Board means the Uttar Pradesh Board of Basic Education companystituted under Section 3 of the 1972 Act.
Education officer means the District Basic Education Officer appointed under the 1972 Act and in relation to girls institution, the District Basic Education Officer women , and in each case includes any other officer authorized by the State Government to perform all or any of the functions of the Education Officer under this Act.
That matter was disposed of by the High Court with a direction to pay salaries of the writ petitioners with effect from 29.08.1991.
Institution means a recognized Junior High School for the time being receiving maintenance grant from the State Government.
Clause b , Clause e , Clause h and Clause i define Education officer, Institution, Teacher and Salary, respectively.
The aggrieved Assistant Teachers, after making several representations, filed another writ petition for specific direction for payment of arrears of salary since 01.07.1975.
It was this order which came to be challenged in this Court.
This is how these appeals have companye up for companysideration before this Bench.
But in spite of this, numberhing was done in this regard.
As aforesaid, inter se, between the appellants and the respondents including the State the matter has become final by the aforesaid High Court judgment dated 29 8 1991.
While numbericing the provisions of Uttar Pradesh High Schools and Intermediate Colleges Payment of Salaries of Teachers and Other Employees Act, 1971 for short the 1971 Act , Uttar Pradesh Basic Education Act, 1972 for short the 1972 Act , Uttar Pradesh Recognised Basic Schools Recruitment and Conditions of Service of Teachers and Other Conditions Rules, 1975 for short the 1975 Rules , Uttar Pradesh Junior High Schools Payment of Salaries of Teachers and Other Employees Act, 1978 for short the 1978 Act , Uttar Pradesh Recognised Basic Schools Junior High Schools Recruitment and Conditions of Service of Teachers Rules, 1978 for short the 1978 Rules , the two Judge Bench felt that a three Judge Bench decision of this Court in Vinod Sharma1 required reconsideration.
It is number that the appellants are number entitled to the payment of any salary.
Coming to the States objection, the submission is that they are only entitled for payment of salary under the said Act since 11 2 1993, as on that date the Government issued such orders.
The appellants, Vinod Sharma and others, were appointed as Assistant Teachers being duly qualified.
Against the aforesaid judgment, admittedly, SLP of the State was rejected even review petition was rejected.
The institution got recognition from the U.P. Government with effect from 09.04.1959.
Returning to the impugned order, we find, in spite of several representations, that the respondents did number respond in spite of the earlier direction, hence it was ordered to pay them under the Payment of Salary Act at least since the earlier High Court judgment and order dated 29 8 1991.pic The appellants were number satisfied by the impugned order, as they claimed their salaries since 1975 when the aforesaid 1975 Rule came into effect.
This objection has numberforce and cannot be permitted to be raised in the present case.
The companymon question for companysideration in this group of seven appeals is whether teachers of privately managed primary schools and primary sections of privately managed high schools are eligible to receive their salaries from the State Government?
M. LODHA, CJI.
On 09.04.1970, the District Inspector of Schools Dehradun gave permission to the management to run Classes I to VIII.
As there was numberprayer for payment of arrears of salary, numberspecific order was passed by the High Court or this Court and the State of U.P. also did number pay arrears of salary with effect from 01.07.1975.
