Orissa High Court
Sabita Swain And Ors. vs The State Of Orissa And Ors. on 27 March, 2001
Equivalent citations: 2001(I)OLR517
Author: A.S. Naidu
Bench: A.S. Naidu
ORDER
1. Can lack of budgetary - provisions stand on the way of disbursing arrear salaries of teachers, whose services have been approved and who are/were receiving salary, is the ratio of this case.
2. A true democracy is one where education is universal, where people understand what is good to them and the nation, and know how to govern them-selves. The three articles i. e. Articles 45, 46 arid 41 of the Constitution of India are designed to achieve the said goal among others. It is in the light of these Articles that the content and parameters of the right to education have to be determined. Right to education, understood in the context of Articles 45 and 41 means, (a) every child/citizen of this country has a right to free education until he completes the age of fourteen years, and (b) after a child/citizen completes fourteen years, his tight to education is circumscribed by the limits of the economic capacity of the State and its development. The right to education further means that, a citizen has a right to call upon the State to provide educational facilities to him within the limit of its economic capacity and. development. The apprehension that reading of the right to education into Article 21, would enable each and every citizen of this country to approach the courts to compel the State to provide him such education as he chooses is therefore unfounded. This is how the Apex Court has observed in the case of Unni Krishnan, J. P. and others v. State of Andhra Pradesh, A. I. R. 1993 S. C. 2178.
Imparting primary and secondary education to the students is the bounden duty of the State Administration. It is a constitutional mandate that the State shall ensure proper education to the students on whom the future of the society depends. In the. line with this principle, the State has enacted statutes and framed rules and regulations to control/regulate establishment and running of private schools at different levels. The State Government provides grant-in-aid to private schools with a view to ensure smooth running of the institution and to ensure that the standard of teaching does not suffer on account of paucity of funds (see vide (2000) 2 S.C.C. 42, Chandigarh Administration and others v. Rajni Vali (Mrs.) and others ).
3. I have heard learned counsel for the petitioners and the learned counsel for the State.
In the present case, the simple "grievance of the petitioners, who are teachars of Trilocbaneswar Bidyapith in the district of Puri, is that their arrear salaries are not disbursed by opposite party No. 3, the Inspector of Schools, Puri Education Circle, in spite of several approaches. A counter-affidavit has been filed by opposite party No. 3 stating as follows :
"It is submitted with respect that the allotment placed towards current year's salary is inadequate. Even if the salary for some months in the Financial year 1999-2000 was not paid to the staff serving under the aforesaid scheme due to inadequacy of funds. Owing tb such nonpayment and on-receipt (sic.) of required letter from the Headmaster of the school in question, the deponent vide letter No. 2839 dated 18-2-2000 requested the Director, Secondary Education for placement of allotment of Rs. 1,85,244/- to clear up the arrear salary of the petitioner."
Thus, it is not the case of the opposite parties that the petitioners are not entitled to receive their arrear salaries. On the other hand, the only plea taken is that unless budgetary provisions are made for the year 2000-2001 it will not be possible to release the funds.
4. I am at a loss to understand as to how poor teachers can impart education in these hard days, without any discontentment in their hearts, when their legitimate arrear salaries are not paid to them. With the rise of price index, stringent financial difficulties are faced by these teachers who have chosen the noble profession of teaching. Thus, paucity of funds and financial burden cannot be accepted as a valid ground for denying payment of arrear salaries to the poor teachers, if they are legitimately entitled to receive the same.
5. In view of the averments made in the writ application as well as the counter-affidavit and on consideration of the submissions made by the counsel for the parties I dispose of the writ application with a direction to opp. parties to scrutinise the arrear pay bills and take necessary steps to obtain appropriate budgetary provisions and disburse the arrear salaries of the petitioners within a period of sis months from the date of receipt of this order.
Requisites for communication of the order be filed within three days.
Urgent certified copy of the order be given on proper application.
6. Writ application disposed of.