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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3989 OF 2006
State of U.P. & Ors. Appellants
Versus
Pawan Kumar Divedi & Ors. Respondents
WITH
CIVIL APPEAL NO.3990 OF 2006
CIVIL APPEAL NO.3991 OF 2006
CIVIL APPEAL NO.3992 OF 2006
CIVIL APPEAL NO.3993 OF 2006
CIVIL APPEAL NO.3994 OF 2006
CIVIL APPEAL NO.6111 OF 2008
JUDGMENT
R.M. LODHA, CJI.
The common question for consideration in this group of
seven appeals is whether teachers of privately managed primary schools
and primary sections of privately managed high schools are eligible to
receive their salaries from the State Government?
2. These appeals were first listed before the two-Judge Bench.
While noticing the provisions of Uttar Pradesh High Schools and
2
Intermediate Colleges (Payment of Salaries of Teachers and Other
Employees) Act, 1971 (for short the 1971 Act), Uttar Pradesh Basic
Education Act, 1972 (for short the 1972 Act), Uttar Pradesh Recognised
Basic Schools (Recruitment and Conditions of Service of Teachers and
Other Conditions) Rules, 1975 (for short the 1975 Rules), Uttar Pradesh
Junior High Schools (Payment of Salaries of Teachers and Other
Employees) Act, 1978 (for short the 1978 Act), Uttar Pradesh
Recognised Basic Schools (Junior High Schools) (Recruitment and
Conditions of Service of Teachers) Rules, 1978 (for short the 1978
Rules), the two-Judge Bench felt that a three-Judge Bench decision of
this Court in Vinod Sharma
1
required reconsideration.
3. The relevant portion of the reference order dated 08.09.2006
reads as follows:
In the present appeals, submissions which were similar to
those raised in the writ petitions filed by Vinod Sharma
1
and
others before the High Court and in the special leave petition
in this Court have been repeated and reiterated. What has
been highlighted is the fact that having regard to the various
government orders, it would be quite evident that the State
Government had never intended to bring the primary
sections of the different junior basic schools, junior high
schools and intermediate colleges within the scope of the
Payment of Salary Act, 1978 and that a deliberate and
conscientious decision was, therefore, made in treating the
junior basic schools differently from junior high schools. It
is the latter category of schools that were brought within the
scope of the Payment of Salary Act, 1978.
1
Vinod Sharma and others v. Director of Education (Basic) U.P. and others; [(1998) 3 SCC 404]