The Government of Uttar Pradesh decided to take Sanskrit Vidyalaya and Mahavidyalaya on Grant-in-Aid List.
The State Government vide its order dated 11.08.2015 notified the list of institutions which were taken in the Grant-in-Aid list of the Government, which included the above institution at Serial No.47.
The said Writ Petition was allowed vide order dated 21.12.2016 on the statement made by the Joint Secretary, Department of Secondary Education “that the payment of salary to the teachers shall be made on the basis of seniority of teachers as disclosed in the Manager’s Return”.
The aforesaid judgment and order of the High Court dated 15.04.2019 was assailed by Neeraj Kumar Mishra as well as State Government by separate Special Appeal Nos.578 of 2019 and 767 of 2019.
In assailing the aforesaid order, the submission of learned counsel for the appellant herein, i.e., Pancham Lal Pandey is that the Review Application was not maintainable as there was no error apparent on the face of the record in dismissing the Special Appeal filed by Neeraj Kumar Mishra and that the review has been allowed without considering his objections with regard to its maintainability.
In the review petition the order of the Division Bench dated 05.02.2021 was sought to be reviewed and not of the Single Judge allowing the writ petition.
The institution was taken on Grant-in-Aid list with a Headmaster and four Assistant Teachers in order of seniority and thus permitting only five persons to receive salary from the Government fund is not illegal.
The Division Bench in allowing the review petition has dealt with the matter as it is seized of the special appeal itself and has virtually reversed the decision by taking a completely new stand for the payment of salary to teachers’ subject- wise.
In the facts and circumstances of the case, we are of the opinion that the impugned order dated 05.02.2021 allowing the review is unsustainable in law and is accordingly set aside.
Case Title: PANCHAM LAL PANDEY Vs. NEERAJ KUMAR MISHRA (2023 INSC 128)
Case Number: C.A. No.-001171-001171 / 2023
