HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 23161 of 2018 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. The petitioner has preferred the present writ petition with the following prayer:- "(a) A writ, order or direction in the nature of certiorari quashing the order daed 05.09.2018 passed by Assistant Director of Education (Basic), Varanasi Region, Varansi (Annexure No.13) (b) A writ, order or direction in the nature of certiorari quashing the order dated 28.05.2009 issued by Basic Shiksha Adhikari, Ghazipur (Annexure No.10) (c) A writ, order or direction of a suitable nature commanding the respondents to make regular payment of monthly salary to the petitioner as an Assistant Teacher in Nehru Purva Madhyamik Vidyalaya, Pahalwanpur, Ghazipur, regularly every month from Gvt. grant as also arrears of such salary from Gvt. grant from 01.12.2006 or at least from 01.07.2007, within a period to be specified by this Hon'ble Court." 2. The brief facts of the case is that Nehru Purva Madhyamik Vidyalaya, Pahalwanpur Ghazipur, is a recognized and aided Junior High School imparting instructions of studies from Class VI to VIII. The said institution is governed by provision of U.P. Basic Education Act, 1972, the rules framed thereunder and U.P. Junior High School (Payment of Salary to Teachers and other Employees) Act, 1978. 3. Initially the institution was not receiving grants-in-aid from State Government and has been brought on grants-in-aid with effect from Versus Counsel for Petitioner(s) : Ras Bihari Pradhan, Sanjay Kumar Rai Counsel for Respondent(s) : C.S.C., Ras Bihari Pradhan Surya Nath Rai .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 01.12.2006 by Government Order dated 02.12.2016. 4. The vacancy came into existent in the institution by Ram Murat Ram, a permanent Assistant Teacher having left the institution on account of his appointment under Basic Shiksha Parishad. The aforesaid appointment under Basic Shiksha Parishad by letter dated 15.04.1997 with the request for permitting selection proceedings to be conducted for filling up such vacancies. 5. The Basic Shiksha Adhikari, Ghazipur, by letter dated 22.11.1997 granted permission for undertaking selection proceedings for filling up the said vacancy which fall vacant due to Ram Murat Ram leading the institution, the information about which was given to the respondent no.4 by his letter dated 20.11.1997. 6. The aforesaid recommendations were approved by the respondent no.4 vide order dated 09.03.1998. In pursuance of the aforesaid approval, the petitioner was appointed as Assistant Teacher and joined on 10.03.1998. The work and conduct of the petitioner has been fully satisfactory and there exists no complaint against him. 7. As the institution came to be grants-in-aid list in the year 2006, therefore, approval for appointment of Mangal Rai as the Headmaster, Ram Bachan Singh and Rajeshwar Rai as Assistant Teachers financially approved and hence they started getting salary from Govt. grant. Subsequently, two other teachers namely Dal Singar Ram and Ram Laxman Singh was started getting salary from the Govt. grant. However, no payment was made to the petitioner on the ground that the financial approval for payment of salary was given only four teachers apart from one Headmaster. 8. The aforesaid fact of sanctioning of payment of salary only to four Assistant Teachers in the Junior High School was contrary to the circular letter dated 20.01.1986 issued by Director of Education (Basic). Under the aforesaid, it is specified with regard to Class VI to VIII, 1.5 teacher is required to be sanctioned for every section. Thus, for three class of Class VI, VII and VIII there is minimum requirement of Assistant Teacher in accordance with the aforesaid norms in Junior High School works out between 4.5 i.e. 5 Assistant Teachers. Therefore, there exists no justification for not sanctioning payment of salary to the petitioner. The petitioner was appointed against a vacancy existed due to one permanent Assistant Teacher WRIA No. 23161 of 2018 2 leaving the institution. The petitioner was appointed in the year 1998 and since then he has been continuously teaching without any complaint, therefore, he is entitled to receive salary from Govt. grant. 9. From amongst the Headmaster and four Assistant Teachers who have been sanctioned payment of salary, two Assistant Teachers namely, Ram Bachan Singh and Dal Singar Ram have retired from service on 30.06.2007 and are no longer working in the institution. Similarly, Mangla Rai, the Headmaster of the institution had retired from service on 30.06.1998 and is no longer working. Therefore, there exists only two Assistant Teachers getting salary from Govt. grant namely, Rajeshwar Rai and Ram Laxman. Rajeshwar Rai is also functioning as the officiating Headmaster of the institution. Therefore, the petitioner on the aforesaid ground was also entitled for payment to receive salary from Govt. grant from 01.07.2007 immediately after the superannuation of Ram Bachan Singh and Dal Singar Ram on 30.06.2007. 10. The only arbitrary objection with regard to the payment of salary against the petitioner was an objection with regard to absence of a sanctioned post. The letter dated 26.07.2007 issued by Basic Shiksha Adhikari, Ghazipur addressed to Assistant Director of Education (Basic), Varanasi Region, Varanasi, making queries as to whether it was feasible to sanction salary to the petitioner from Govt. grant or not. 11. The aforesaid letter was replied by Regional Assistant Director of Education (Basic), Varanasi Region, Varanasi vide communication dated 18.08.2007 referring to a letter of Director of Education (Basic) dated 04.01.2007 and it was directed to proceed in accordance with law. As nothing was done, after the reminder on 28.05.2009, the Basic Shiksha Adhikari, Ghazipur issued an order to the effect that the petitioner is not entitled to receive any salary on account of no post having been sanctioned by competent authority apart from the post covered by norms prescribed by State Government in this regard. 12. Aggrieved by the order dated 28.05.2009 passed by Basic Shiksha Adhikari, the petitioner filed Writ Petition No. 31942 of 2009(Surya Nath Rai Vs. State of U.P & Ors.) which was decided vide order dated 10.04.2018 directing the authorities to take decision in the matter of the petitioner regarding payment and salary in accordance with law. After calling a fresh WRIA No. 23161 of 2018 3 report from the concerned BSA. 13. In compliance of aforesaid order, the claim of the petitioner was rejected on 05.09.2018 by the Assistant Director of Education (Basic) Varanasi Region, Varanasi which is the impugned order. The impugned action of the respondents is arbitrary, discriminatory and violative of Article 14 of the Constitution of India. 14. There is no basis for the assumption that there are only four Assistant Teachers was required in a Junior High School and it was against the norms prescribed by State Government as well as the circular letter of Director of Education (Basic) issued in the year 1986. According to which, at least 5 Assistant Teachers were required in the institution. Even if it is presumed that only four Assistant Teachers were entitled to get salary from Govt. grant after their retirement in 2007, the petitioner became entitled for receiving salary from Govt. grant as only two teachers are left after retirement of the other Assistant Teachers. The impugned order is arbitrary and unjustified in the eyes of law, therefore, needs to set aside. 15. Learned counsel for the petitioner has relied upon the judgment of the Supreme Court in Radhey Shyam and another Vs. State of U.P. and others, (2024) 1 UPLBEC, the petitioner in view of the observations made in the facts of the present case, where the petitioner was permitted to work in the said institution due to fault of Committee of Management, thereafter, in place of two sanctioned posts, Committee had permitted petitioner therein to work giving impression of three posts being sanctioned and had permitted petitioner therein to work accordingly. The claim of three sanctioned posts was set up by Committee of Management, against the third post, petitioner therein was permitted to work. The State Government was directed to recover from the Committee of Management the arrears of salary which was paid to the petitioner therein. 16. Learned counsel for the respondents further submits that there is no illegality or infirmity in the order impugned as the selection/appointment of the petitioner has been approved by the then District Basic Education Officer, Ghazipur by order dated 09.03.1998. Thereafter, the Manager/Principal, Nehru Purva Madhyamik Vidyalaya Pahalwanpur, District Ghazipur has filed application (M.R.) in prescribed proforma for taking the institution on the grant in aid list, in which the names of the WRIA No. 23161 of 2018 4 teaching and non teaching staff of the institution is mentioned serially, which are as under:- 1. Sri Mangla Rai-Principal 2. Sri Dal Singar Ram-Assistant Teacher 3. Sri Ram Lakshan Singh Yadav-Assistant Teacher 4. Sri Ram Bachchan Singh-Assistant Teacher 5. Sri Rajeshwar Rai-Assistant Teacher 6. Sri Surya Nath Rai-Assistant Teacher 7. Smt. Reeta Rai-Clerk 8. Sri Rajendra Prasad-Peon 9. Sri Ram Prasad-Peon 10. Sri Om Prakash-Peon 17. In this regard, it is stated that four posts of Assistant Teachers were recognized in the institution according to Manak whereas the name of the petitioner had been mentioned at serial no.5 in the M.R. by the Manager/Principal, Nehru Purva Madhyamik Vidyalaya Pahalwanpur, District Ghazipur, but the Manager/Principal of the institution has not annexed the copy of the post creation order issued by the competent authority for sanctioning the additional post of Assistant Teacher in the institution in question, therefore, the proceeding for payment of salary of the petitioner has not been done. Only those teaching and non-teaching staff who appointed in the institution against sanction post after coming up the institution grant in aid list in 2006 have been paid salary after getting permission from the Assistant Director of Education (Basic), Varanasi Region, Varanasi. 18. The Government order dated 02.07.1990, the provision has been made for creation of posts in Junior High School, which is as under:- (a) Head Master-1 (b) Assistant Teacher-4 in which one post will be science and post will be WRIA No. 23161 of 2018 5 language (c) Clerk-1 (d) Class IV-1 19. In continuation of aforesaid, the State Government has issued government orders dated 11.05.1992 and 13.08.1997, in which provision has been made with regard to creation of posts in Junior High Schools, which is as under:- (a) Head Master-1 (b) Assistant Teacher-4 in which one post will be science and post will be language (c) Clerk-1 (d) Class IV-1 20. As per State Government has issued government orders dated 15.01.2019, 3 posts of Assistant Teachers have been recognized and posts of non-teaching staff (Group C and D) have been declared dying cadre. After including the institution in question in the grant in aid list of the State Government, in the letter dated 04.01.2007 issued by the Director of Secondary Education (Basic), U.P. Lucknow with regard to payment of salary of the teaching and non teaching staff of the institution, it has been mentioned that if it is proved that in any institution the post of Assistant Teacher is sanctioned by the competent authority in addition to minimum Manak, then the additional sanctioned post of Assistant Teacher will be recognized, otherwise, as per the minimum Manak, one post of Head Master, four post of Assistant Teacher, one post of Clerk and one post of Class IV Employee shall stand recognized. 21. In the institution in question as no additional post of Assistant Teacher was sanctioned or recognized except for the minimum prescribed Manak i.e. one post of Head Master, four post of Assistant Teacher, one post of Clerk and one post of Class IV Employee, therefore, the then District Basic Education Officer, Ghazipur has not made payment of salary to the petitioner. 22. He further submits that even the Manager/Principle of the institution has WRIA No. 23161 of 2018 6 not been able to place anything on record regarding the additional post of (Fifth) Assistant Teacher being sanctioned. Hence, the petitioner is not entitled for payment of salary from Government grant. 23. Learned counsel for the respondents submits that the case is cited by the learned counsel for the petitioner is not applicable in the facts of the present case as here, the petitioner has not been appointed against any sanctioned post, neither such claim has been set set up by the Manager/Principle of the Institution that any additional post (Fifth) Assistant Teacher was sanctioned. 24. In view of above, the present writ petition is accordingly, dismissed. August 25, 2025 Imtiyaz WRIA No. 23161 of 2018 7 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad