Petitioner sought unpaid salary as an Assistant Teacher from 1993 to 2007 from a private school. Court held that since the institution is not under grant-in-aid list, the State is not liable. Writ petition dismissed.
Prayer for issuance of writ of mandamus for payment of salary dismissed.
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Neutral Citation No. - 2023:AHC:109911
Court No. - 36
Case :- WRIT - A No. - 6886 of 2023 Petitioner :- Gaurishankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Jeet Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashutosh Srivastava,J.
Heard Sri Indra Jeet Yadav, learned counsel for the petitioner and learned Standing Counsel, who has accepted notice on behalf of the Respondent Nos.1, 2 & 3.
The case of the petitioner is that he was appointed as Assistant Teacher in Devki Jan Kalyan Junior High School Rampur Tiyara, Jaunpur on 18.09.1993 and he continued to work in the said institution upto the year 2007. However, the salary for the post of Assistant Teacher from October, 1993 to the year 2007 has not been paid to the petitioner.
The petitioner has accordingly prayed for the following reliefs:-
"i. To issue a writ, order or direction in the nature of mandamus directing the Respondent No.4 to make the payment of petitioner from the date of his joining as Assistant Teacher on 18.09.1993 in Primary Section of Sri Devki Jan Kalyan Junior High School, Rampur Tiyara Jaunpur [from October, 1993 to 2007].
ii. To issue a writ, order or direction in the nature of mandamus directing the respondents concerned to consider the decide the representation of the petitioner dated 10.03.2023 [filed as Annexure No.5 to this writ petition] and to grant and pay the salary of petitioner] and to grant and pay the salary of the petitioner [from October, 1993 to 2007] along with appropriate interest till date of actual pay."
At the very outset, Sri Jitendra Kumar Singh, learned Standing Counsel points out that the claim for payment of salary has been raised against the Respondent No.4. He submits that the institution i.e. Sri Devki Jan Kalyan Junior High School, Rampur Tiyara Jaunpur, was not taken under grant-in-aid list and, therefore, onus to pay the salary to the petitioner out of the State exchequer does not arise.
On putting a specific querry, learned counsel for the petitioner submits that the institution i.e. Sri Devki Jan Kalyan Junior High School, Rampur Tiyara Jaunpur, is not an aided institution.
In such view of the matter, the reliefs as claimed by the petitioner in the present writ petition cannot be granted and the writ petition for the said reliefs is not maintainable. The petitioner may, however, take recourse to other remedies for redressal of his grievance.
The writ petition is, accordingly, dismissed.
Order Date :- 19.5.2023 pks
Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition for recovery of unpaid salary is maintainable against the State when the institution is not an aided school.
Gaurishankar
State Of U.P.
3 Others
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
