Allahabad High Court
Madhyamik Vyaw. Shikshak Sangh Thr T.B. ... vs State Of U.P. Thru Sec. Secondary Edu. ... on 5 July, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 18
Case :- WRIT - A No. - 38243 of 2010
Petitioner :- Madhyamik Vyaw. Shikshak Sangh Thr T.B. Singh And
Another
Respondent :- State Of U.P. Thru Sec. Secondary Edu. Lko.And
Others
Petitioner Counsel :- Indra Raj Singh
Respondent Counsel :- C.S.C.
Court No. 18
Civil Misc. Writ Petition No. 38243 of 2010.
Madhyamik Vyawsaik Shikshak Sangh, U.P
Versus
State of U.P. & others.
Hon'ble Arun Tandon, J.
The order passed by the Under Secretary (Finance), U.P. Shasan, Lucknow dated 04.06.2010 provides that the necessary money for payment of salary to Vocational Teachers appointed in the year 2008-09 and 2009-10 cannot be released inasmuch as the education department had submitted a supplementary demand. The letter records that a supplementary demand was made in the month of July, 2009 for sanction of Rs.47 crores towards salary of such vocational teachers against which an allocation of Rs.5 crores was made in 2008-09 and a sum of Rs.2.5 crores was actually released. Similarly another sum of Rs.2.5 crores was released on 11.08.2008. A total sum of Rs.5 crores for the year 2008-09 has been provided for. Similarly for the year 2009-10, a sum of Rs. 5 crores has been provided for by way of first supplementary demand and a further sum of Rs.5 crores under a second supplementary demand against which Rs.2.5 crores has been released on 08.04.2009, Rs.2.5 crores has been released on 02.02.2010 and a sum of Rs.5 crores has been released on 31.03.2010. Therefore, in all Rs.10 crores has been released. No further supplementary demand has been placed by the education department for the year 2008-09. However in the year 2009-10, a supplementary demand of Rs.47 crores and odd has been submitted by the education department which could not been considered, therefore, no additional amount has been released. It has been observed that the education department must submit a complete chart qua the number of subject expert appointed in the State for justifying the proposal for release of Rs.47 crores and odd. With the aforesaid observations, the representation made by the President and the General Secretary of Madhyamik Vyawsayik Shikshak Sangh, U.P. Civir Officer, Darul Safa, Vidhayak Niwas, Lucknow, has been disposed of.
The letter makes an interesting reading and discloses the manner in which the State of U.P. is proceeding in the matter of education of minor children.
Vocational teachers have been working in various Intermediate colleges under an scheme floated by the education department of the State. Surprisingly no attempt has been made to ensure that such vocational teachers are paid their salary after such appointment.
The educational department placed a demand of Rs.47 crores for the year 2008-09 for ensuring salary to such teachers. The State Government released only Rs.10 crores. Similar demand has been made for the year 2009-10 and against the same only Rs.10 crores have been released. Neither the education department nor the State has cared to ensure as to how all the vocational teachers will get their salary when less than ¼ of the total amount required is being released.
Education cannot be permitted to be treated so indifferently and teachers cannot be put to the mercy of the bureaucrats for their livelihood. Education of minor children must be the most priority sector in any democratic country. Suffice is to take note of Article 21-A of the Constitution of India, at this stage.
Therefore, this Court directs that the Secretary Secondary Education as well as Secretary (Finance) shall remain present before this Court on 13.07.2010along with respective affidavits disclosing :
a. as to why the State Government did not ascertain as to what exact money would be required for payment of salary to vocational teachers who were directed to be appointed in recognized Intermediate Colleges under the Government Scheme and as to why appropriate financial provisions are not being made on year to year basis so that such teachers may get their salary on monthly basis.
The Secretary (Secondary Education) shall disclose in its affidavit as to what money is required on year to year basis for payment of salary to such vocational teachers and the Finance Secretary shall inform the Court as to how this money shall be provided monthly.
In case provisions are not made for regular payment of salary to such teachers, the Court will be left with no other alternative but to take such stringent action as may be necessary in order to save the future education of the minor children.
In case the Secretary (Finance) alleges that there is shortage of fund with the State Government, he shall also disclose the amount which has been sanctioned to various department under supplementary demand, in these two years. List on 13.07.2010.
Dated : 05.07.2010 VR/38243/10