Court Orders Fresh Consideration for Salary Arrears of Primary Section Teachers Under Grant-in-Aid Scheme
In a landmark decision, the Allahabad High Court's Division Bench has set aside the judgment of a Single Judge, reaffirming the statutory right of teachers in primary sections of institutions running Classes I to VIII to receive salaries under the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978. This decision, delivered by Justices Mahesh Chandra Tripathi and Kunal Ravi Singh, mandates that the District Basic Education Officer reassess salary entitlements in light of the Supreme Court's interpretation in the Pawan Kumar Divedi case.
The case, Surendra Sharma v. State of U.P., revolved around the stoppage of salaries for primary section teachers, a practice previously justified by a government circular that restricted salary payments to teachers of Classes VI to VIII. The appellant, Surendra Sharma, had been denied salary since 1981 despite his appointment being duly recognized by the education authorities. His subsequent legal battle highlighted a critical discrepancy between executive circulars and statutory mandates.
The Division Bench underscored that Clause 10 of the 1982 circular could not override statutory provisions. The Bench emphasized that the Supreme Court's interpretation of Section 10 applies retrospectively, ensuring that primary section teachers are entitled to salaries from the State Exchequer. This ruling aligns with the Supreme Court’s position that Section 10 encompasses all teachers in institutions with Classes I to VIII, thereby invalidating the restrictive executive circular.
The court ordered the District Basic Education Officer to verify Surendra Sharma's actual service period and process salary arrears accordingly, reaffirming the principle that executive instructions cannot contravene statutory obligations. This decision sets a precedent for similar cases, reinforcing the judiciary's role in upholding statutory rights over executive overreach.
Bottom line:-
Payment of salary to teachers under the grant-in-aid scheme must be governed by Section 10 of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978, as interpreted by the Hon'ble Supreme Court, rather than restrictive executive circulars.
Statutory provision(s):
Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978, Section 10
Surendra Sharma v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2942382
