# [1997] 1 S.C.R. 837

- **Citation:** [1997] 1 S.C.R. 837
- **Court:** Supreme Court of India
- **Decided:** 1997-02-03
- **Bench:** K. Ramaswamy, G.T. Nanavati
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/1997-1-s-c-r-837-15313
- **Pages:** 3

## Headnote

i
_;
Payment of Salary Act, 1971 :
High School upgraded in 1974-Primary section attached to the High c
School-Non-payment of salary to Teachers-Trained teachers to be paid
salary as per the Act from the date of acquiring qualifications or from the
date of their assuming charge as teachers-Untrained Teachers-District Inspector of School after notice to the Teachers and Management, to make
enquiries and decide the rates as per Govemment ml es and the period for
which payment is to be made-Also to decide the procedure for appointment D
of the untrained Teachers-Enquiry to be completed within two months and
/
then payment of salary to be made to the untrained teachers as per
\
rules-Directions issued-Service Law.

## Text

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J
STATE OF U.P. AND ORS.
A
v .
....
COMMITTEE OF MANAGEMENT AZAD UCHCHTAR
MADHYAMIK VIDYALAYA AND ANR.
FEBRUARY 3, 1997
B
'
[K. RAMASWAMY AND G.T. NANAVATI, JJ.]
i
_;
Payment of Salary Act, 1971 :
High School upgraded in 1974-Primary section attached to the High c
School-Non-payment of salary to Teachers-Trained teachers to be paid
salary as per the Act from the date of acquiring qualifications or from the
date of their assuming charge as teachers-Untrained Teachers-District Inspector of School after notice to the Teachers and Management, to make
enquiries and decide the rates as per Govemment ml es and the period for
which payment is to be made-Also to decide the procedure for appointment D
of the untrained Teachers-Enquiry to be completed within two months and
/
then payment of salary to be made to the untrained teachers as per
\
rules-Directions issued-Service Law.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 700 of E
1997.
From the Judgment and Order dated 7.9.94 of the Allahabad High
Court in S.A. No. 131of1993.
='
T.N. Singh for R.B. Misra for the Appellants.
F
>
R.P. Gupta for the Respondents.
The following Order of the Court was delivered :
Leave granted. We have heard counsel on both sides.
This appeal by special leave arises from the judgment of the Division G
Bench of the Allahabad High Court, made on September 7, 1994 in Special
Appeal No. 131/93 .
..,
The Division Bench by the impugned order has directed the Inspector of Schools to inspect the primary school covered under the provisions H"
837
838
SUPREME COURT REPORTS
(1997) 1 S.C.R.
A of Payment of Salary Act, 1971 to find out whether the primary section has
been merged or attached to the High School which was upgraded in 1974,
whether the teachers have been working in that school and whether salary
was to be paid to such teachers who are working as per the said report.
We have called for the said report in that behalf. In the report dated
B 25.1.1997, the District Inspector of Schools has stated that the inspection
of the attached primary section of the respondent-Institution was made on
January 7, 1997. It is further stated that the primary section of the school
was recognised as an attached institution as per the orders of the District
Inspector of Schools, Gorakhpur, dated September, 6, 1989 and the payment of salary to the teachers of the primary section attached to the High
C School was being made under the Payment of Salary Act, 1971. But after
the school was detached from the list of the approved schools, the payment
of salary came to be stopped. It is further stated that as per the records of
the Institution, the attached Primary School is continuing from the year
1970. It is also stated that "(I)n the attached Primary Section of the
D institution total number of 21 teachers are teaching in which 19 (Nineteen)
teachers are untrained and 2 (Two) are trained". More details have been
furnished in the report. As regards the number of the students found in
the Primary section of the institution, it is furnished in the report that as
on 7.1.97 a total number of 859 student had been registered and 611
students were present. It is further stated that "(T)he present attached
E Primary Section is governed by the same Authorised Controller/Principal
of the Higher Secondary School and the education is imparted within the
same campus as per rules."
In view of the above report, the question arises : whether the Primary
F section of the respondent-Institution should be continued to be attached
to the High School or should be detached and whether a separate school
is required to be established under the Basic Shiksha Parishad. When we
put the question to the learned counsel for the State whether any separate
school has been established in that village, he is unable to give us any
information in that behalf. It would be obvious from the report submitted
G that no other Government school appears to be functioning there. Otherwise, the Inspector would have reported in that behalf.
In view of the fact that more than 600 students, as against more than
~ -
800 students enrolled, are actually studying in the school, we think that
H attachment of the Primary section from 1970 to the upgraded school of
., ..
STAIB,. COMMlITEEOF MANAGEMENT AZAD UCHCHTARMADHYAMIKVIDYA!.AYA
839
1974 would be justified. However, with regard to payment of salary, it is A
not clear from the record whether the untrained teachers are entitled to
payment of salary; if so, at what rate and upto what period and whether
untrained teachers are required to be appointed under the relevant rules.
In the apsence of such factual and legal position, it would not be safe to
give any direction on that issue. Under those circumstances, we think that
appropriate course would be that the District Inspector of Schools,
Maharaj Ganj be directed to enquire, after notice to the teachers and
Manager-respondents to decide whether the payment of salary to the 19
untrained teachers could be made and if so, at what rates, as per Government rules, and upto what period and what would be the procedure taken
for appointment of untrained teachers in the school as per the existing rules
and the pfocedure. When the report in that behalf is given, the issue of
payment of salary to them would be accordingly decided. As regards the
two trained teachers, they are required to be paid the full salary as per the
Payment of Salary Act, 1971 from the date of their acquiring qualifications
B
c
·or the date of their assuming the charge as teachers, whichever is later. As D
regards the untrained teachers, they are required to be paid after the
necessary enquiry is completed. The Inspector of Schools is directed to
complete the enquiry within a period of two months from today and then
make necessary payment of salary as per the rules.
The appeal is accordingly disposed of. No costs.
E
G.N.
Appeal disposed of.