Case Note & Summary
The Supreme Court of India considered an appeal by special leave filed by the State of Uttar Pradesh against a Division Bench judgment of the Allahabad High Court dated September 7, 1994 in Special Appeal No. 131/93. The dispute concerned an aided educational institution's attached primary section and the payment of salary to its teachers under the Payment of Salary Act, 1971. The High Court had directed the Inspector of Schools to inspect the primary school to determine whether it had been merged or attached to the upgraded high school, whether teachers were working there, and whether salary was payable accordingly. Pursuant to the Supreme Court's direction, the District Inspector of Schools submitted a report dated January 25, 1997 after inspecting the institution on January 7, 1997. The report established that the primary section had been recognized as an attached institution by the District Inspector of Schools, Gorakhpur, by order dated September 6, 1989, and that payment of salary to teachers of the attached primary section had previously been made under the Payment of Salary Act, 1971. The report further stated that the attached primary school had been continuing since 1970, that there were 21 teachers in the primary section—19 untrained and 2 trained—and that on the date of inspection, 859 students were registered and 611 were present. The present attached primary section was governed by the same authorised controller or principal of the higher secondary school, and education was imparted within the same campus as per rules. The State counsel was unable to inform whether any separate government school had been established in the village, and the report indicated that no other government school appeared to be functioning there. The core legal issues were whether the primary section should continue to be attached to the high school or be detached and a separate school established under the Basic Shiksha Parishad, and whether the untrained teachers were entitled to payment of salary and, if so, at what rate and for what period. The court reasoned that given the continuous attachment since 1970, the substantial student enrolment with more than 600 students actually studying as against more than 800 enrolled, and the absence of any other government school, the continued attachment of the primary section to the upgraded school was justified. On the question of salary, the court found that the two trained teachers were clearly entitled to full salary under the Payment of Salary Act, 1971 from the date of their acquiring qualifications or the date of their assuming charge as teachers, whichever was later. For the 19 untrained teachers, however, the record did not disclose whether they were entitled to salary, at what rates, up to what period, or what procedure applied for their appointment under the relevant rules. Consequently, the court directed the District Inspector of Schools, Maharaj Ganj to conduct an enquiry after giving notice to the teachers and the manager-respondent, to determine whether salary could be paid to the untrained teachers, at what rates, up to what period, and to report on the procedure for appointing untrained teachers. The Inspector was directed to complete the enquiry within two months and then make necessary payment of salary as per rules. The appeal was disposed of with no order as to costs.
Headnote
A) Education Law - Attachment of Primary Section - Justification of Continued Attachment - Payment of Salary Act, 1971 - The primary section of the respondent institution was recognized as attached since 1970 and continued functioning with 859 students registered and 611 present on 7.1.1997. No separate government school was shown to exist in the village. Held that attachment of the primary section to the upgraded high school from 1970 was justified. B) Service Law - Trained Teachers' Salary - Full Salary Entitlement - Payment of Salary Act, 1971 - The court found that two trained teachers were required to be paid full salary as per the Payment of Salary Act, 1971 from the date of acquiring qualifications or the date of assuming charge as teachers, whichever was later. Held that trained teachers are entitled to full salary without further enquiry. C) Service Law - Untrained Teachers' Salary - Enquiry into Entitlement - Payment of Salary Act, 1971 - The record did not disclose whether 19 untrained teachers were entitled to salary, at what rates, and up to what period, or the procedure for appointing untrained teachers. Held that the District Inspector of Schools must conduct an enquiry after notice to teachers and manager within two months and then make necessary payment as per rules.
Issue of Consideration
Whether primary section should continue attached to high school or be detached and separate school established under Basic Shiksha Parishad; whether trained and untrained teachers are entitled to salary under Payment of Salary Act, 1971 and on what terms
Final Decision
Appeal disposed of. Attachment of primary section to upgraded high school justified. District Inspector of Schools, Maharaj Ganj directed to enquire within two months about untrained teachers' salary and appointment procedure after notice to teachers and manager. Trained teachers to be paid full salary as per Payment of Salary Act, 1971 from date of acquiring qualifications or assuming charge, whichever later. Untrained teachers to be paid after necessary enquiry. No costs.
Law Points
- Attachment of primary section justified when continuous functioning with substantial student enrolment and no separate government school
- Trained teachers entitled to full salary under Payment of Salary Act 1971 from date of qualification or charge whichever later
- Untrained teachers' salary entitlement requires factual and legal enquiry by Inspector of Schools
