Mahendra Kumar Saxena vs District Inspector of Schools, Rampur and Others

R.K. Agrawal, J.

It is not in dispute that the IInd Additional Munsif, Rampur, vide judgment and decree dated 31.10.1994 had decreed the Suit No.544 of 1993 filed by the petitioner against the State of U.P., through Collector, Rampur. The District Inspector of Schools, Rampur and the Committee of Management, Jain Basic Vidyalaya, associated with Jain Inter College, Rampur, through its manager, who was the defendant in the said suit declaring that the petitionerplaintiff is entitled for the payscale of a trained teacher alongwith all consequential benefits.

It has been stated by Sri Manu Saxena, learned counsel for the petitioner that against the said order an appeal No.84 of 1994 was filed by the State, which was also dismissed vide order dated 5.10.1995 and the said order has become final between the parties. It appears that pursuant to the aforesaid judgment and order the District inspector of Schools, Rampur, granted the benefit of payment of salary and exemption from training. The petitioner was treated as a trained teacher w.e.f. 1.7.1975 and the bill for arrears of salary was sent to the Director of Education for appropriate orders. The petitioner was also paid salary of the trained teacher w.e.f. 8.1.1996. Subsequently, the said order has been recalled and it has been directed that the petitioner shall be treated as a tained teacher on completion of ten years of service from the date the primary section was taken to the grant in aid list and the recovery of the excess amount is being made.

Heard Sri Manu Saxena, learned counsel for the petitioner and the learned standing counsel, who represents the respondent Nos.1 and 2.

It is not in dispute that the trial Court in Civil Suit filed by the petitioner had declared that the petitioner is entitled to be treated as a trained teacher w.e.f.1.7.1975 with all consequential benefits as per the Government Order dated 4.12.1982. The appeal filed against the said judgment and order has been dismissed on 5.10.1995. Thus, the petitioner is entitled for the benefit of the Government Order dated 4.12.1982. Since the primary section in which the petitioner is working has been brought in the grant in aid list only w.e.f.1.10.1989, thus, the liability of the State Government would be only from 1.10.1989 onwards and not prior to that date, when the liability would be of the Committee of Management of the aforesaid institution. In this view of the matter the order passed by the District Inspector of Schools, Rampur, on 24.9.2001 and 23.10.1991 cannot be sustained and are hereby set aside.

The District Inspector of Schools, Rampur, is directed to compute the monetory benefits payable to the petitioner treating him to be a trained teacher as on 1.10.1989 and pay all consequential benefits within three months from the date of production of the certified copy of this order.

So far as the question of deduction of the amount of G.P.F. from the petitioner''s salary is concerned, the same may be made in accordance with law.

With the aforesaid observations, the writ petition succeeds and is allowed.

(Petition allowed)